What is the personal injury statute of limitations in Pennsylvania?

1. General Personal Injury

Pennsylvania provides a 2-year statute of limitations for negligence, personal injury, and wrongful death claims under 42 Pa.C.S. § 5524(2) and (7).

2. Wrongful Death

Wrongful death and survival actions both have a 2-year SOL under § 5524, running from the date of death.

3. Medical Malpractice

The MCARE Act (40 P.S. § 1303.513) imposes a 2-year SOL and a 7-year statute of repose for medical professional liability, except for foreign-object cases and claims by minors (suit by 20th birthday).

4. Discovery Rule

Pennsylvania recognizes the discovery rule when the injury or its cause is not reasonably knowable. The plaintiff must use reasonable diligence (Fine v. Checcio).

5. Minor / Disability Tolling

42 Pa.C.S. § 5533 tolls the SOL during minority (until 18); the limitations period begins on the 18th birthday. Mental incapacity tolling is recognized but narrowly construed.

6. Government Defendant

42 Pa.C.S. § 5522 requires written notice to the Commonwealth or political subdivision within 6 months of the incident. The Sovereign Immunity Act and Political Subdivision Tort Claims Act cap damages at $250,000 per person / $1 million per incident (Commonwealth) and $500,000 aggregate (local).

7. Product Liability

A 2-year SOL applies under § 5524; Pennsylvania has no general products statute of repose, although 12-year repose exists for improvements to real property under § 5536.

8. Equitable Tolling / Fraudulent Concealment

Fraudulent concealment tolls the SOL until the plaintiff discovers (or should discover) the cause of action through reasonable diligence.

9. Borrowing Statute

42 Pa.C.S. § 5521(b) borrows the shorter SOL of the foreign state where the cause of action accrued.

This is legal information, not legal advice.