What is the statute of limitations in Pennsylvania?
Pennsylvania civil limitations are codified at 42 Pa.C.S. §§ 5521-5536.
1. Personal Injury — 2 Years
42 Pa.C.S. § 5524(2): An action for assault, battery, false imprisonment, false arrest, malicious prosecution, or for injuries wrongfully done to the person — 2 years.
2. Written Contract — 4 Years
42 Pa.C.S. § 5525(a)(8): An action upon a contract, obligation or liability founded upon a writing not specified in paragraph (7), under seal or otherwise — 4 years.
3. Oral Contract — 4 Years
Same 4 years under § 5525(a)(3) for oral contracts.
4. Property Damage — 2 Years
42 Pa.C.S. § 5524(3): An action for taking, detaining or injuring personal property, including actions for specific recovery thereof — 2 years. Trespass to real property is also 2 years under § 5524(4).
5. Fraud — 2 Years (Discovery Rule)
42 Pa.C.S. § 5524(7): An action upon a negligent or intentional tortious act, including deceit or fraud — 2 years. The Pennsylvania Supreme Court in Fine v. Checcio (870 A.2d 850 (Pa. 2005)) confirmed the discovery rule applies.
6. Medical Malpractice — 2 Years / 7-Year Repose (MCARE)
40 P.S. § 1303.513 (MCARE Act): Actions for medical professional liability must be commenced within 2 years of the date of accrual; statute of repose of 7 years from the act, except where (a) injury is to a minor, (b) involves a foreign object, or (c) involves death. Minor's claims: until age 20 (§ 1303.513(b)).
7. Wrongful Death — 2 Years
42 Pa.C.S. § 5524(2): Wrongful death actions must be brought within 2 years of the date of death.
8. Other Notable Periods
9. Tolling
42 Pa.C.S. § 5533 tolls for minority and incapacity. The discovery rule and fraudulent concealment doctrines apply broadly.
This is legal information, not legal advice.
- You missed a 6-month notice deadline against a political subdivision
- You have a medical malpractice case nearing the 7-year MCARE repose
- You discovered fraud long after the original transaction
- 42 Pa.C.S. § 5524
- 42 Pa.C.S. § 5525
- 42 Pa.C.S. § 5522
- 42 Pa.C.S. § 5533
- 40 P.S. § 1303.513
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.