A wrongful death action must be filed within two years of the date of death.
Personal Injury Actions
These actions must be brought within two years of the date of the injury.
Hazardous or Toxic Chemicals and Harm from Medication Actions
Actions for bodily injury that are caused by exposure to hazardous or toxic chemicals, ethical drugs, or ethical medical devices accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first. The actions must be brought within two years of such discovery.
Medical Malpractice Actions
Actions against health care providers must be filed within one year of the date that the cause of action occurred. However, if the plaintiff gives the defendant written notice of the claim within one year of the date of the injury, suit may be filed within 180 days after the notice is given. No claim may be commenced after four years of the occurrence of the act giving rise to the injury, unless the injury could not have been discovered within three years of the act and is discovered before the expiration of the four-year statute of limitations. In such a case, the claim may be filed within one year of discovery.
Medical Malpractice Actions Based on the Insertion of a Foreign Object
These cases must be filed within one year of the date that the foreign object was discovered or should have been discovered.
Products Liability Actions
Products liability actions must be brought within two years after the plaintiff suffers the injury and in most cases no more than 10 years after the product was delivered to its first purchaser.
Special Rules for Minors
Except in the case of wrongful death, the statute of limitations begins to run on the minor's 18th birthday.
A workers' compensation action must be filed within one year after the injury or death.
What are Statutes of Limitations?
Note: Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. The guides in this section provide limitations periods for each state, but only for particular causes of action; specifically, those related to personal injury, medical malpractice, and products liability claims. The sections discussing special rules for minors only apply to the causes of action listed for that particular state.
Note: Our attorneys are licensed to practice law in Pennsylvania, West Virginia, Ohio, Maryland, and Virginia. This information is not intended to solicit clients for matters outside of the states of Pennsylvania, Ohio, West Virginia, Maryland, and Virginia, although if you are injured in an accident, we have relationships with other personal injury attorneys and lawyers throughout the United States.