Pennsylvania · Personal Injury Statute of Limitations

How long do you have to file a personal injury lawsuit in Pennsylvania?

Pennsylvania gives you 2 years from the date of injury to file a personal injury lawsuit under 42 Pa. Cons. Stat. § 5524.

Updated 2026-05-22 · See all 50 states

Key facts: Pennsylvania

Personal injury deadline
2 years
42 Pa. Cons. Stat. § 5524
Wrongful death deadline
2 years
When the clock starts
Generally the date of injury for personal injury claims; the date of death for wrongful death. Pennsylvania follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
Last verified
2026-05-22
Source type
Primary (state code or court opinion)

Details and exceptions for Pennsylvania

Two years for both PI and wrongful death under 42 Pa. Cons. Stat. § 5524(2). Wrongful death runs from the date of death. The Sovereign Immunity Act and Political Subdivision Tort Claims Act require notice within six months for government defendants.

Related: Pennsylvania comparative negligence rule

Pennsylvania follows a modified 51% bar rule. Modified comparative negligence with a 51% bar; recovery is permitted when the plaintiff’s negligence is "not greater than" the causal negligence of defendants.

Read the full Pennsylvania comparative negligence rule →

This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed Pennsylvania attorney before relying on it.

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Pennsylvania Statute of Limitations FAQ

How long do I have to file a personal injury lawsuit in Pennsylvania?

In Pennsylvania, the general personal injury statute of limitations is 2 years from the date of injury under 42 Pa. Cons. Stat. § 5524. Two years for both PI and wrongful death under 42 Pa. Cons. Stat. § 5524(2). Wrongful death runs from the date of death. The Sovereign Immunity Act and Political Subdivision Tort Claims Act require notice within six months for government defendants.

Does Pennsylvania have a separate deadline for wrongful death?

Yes. Pennsylvania's wrongful death statute of limitations is 2 years. The clock typically begins on the date of death rather than the date of the underlying injury.

What happens if I miss the Pennsylvania personal injury deadline?

The court will almost certainly dismiss the lawsuit on a motion by the defendant, regardless of the strength of the underlying claim. Some exceptions can pause or extend the deadline, including the discovery rule, tolling for minors, and tolling while a defendant is out of state, but none are automatic. Talk to a Pennsylvania personal injury attorney before assuming a claim is barred.

What is Pennsylvania's comparative negligence rule?

Pennsylvania follows a modified 51% bar rule under 42 Pa. Cons. Stat. § 7102. Modified comparative negligence with a 51% bar; recovery is permitted when the plaintiff’s negligence is "not greater than" the causal negligence of defendants.

Where can I read the actual statute?

The controlling statute is 42 Pa. Cons. Stat. § 5524. The full text is available on the official Pennsylvania legislature website at https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.055.024.000..HTM.

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