Statute of Limitations in Pennsylvania: What You Need to Know

Deadlines in legal matters can be critically important. In Pennsylvania, missing a filing date could mean losing the right to pursue a claim or defend oneself, regardless of the case’s merits.

Understanding these time limits, known as statutes of limitations, is essential for navigating both civil and criminal proceedings. The rules vary depending on the type of case and specific circumstances, making them complex to interpret without guidance.

Definition of Statute of Limitations

A statute of limitations is a law setting a maximum time period during which a legal action must be started. These laws apply to civil lawsuits, where one party seeks compensation or other remedies, and criminal prosecutions initiated by the state. The core principle is that legal claims expire after a certain point.

These time limits are set by the Pennsylvania General Assembly, primarily found in Title 42 of the Pennsylvania Consolidated Statutes. They serve several purposes: promoting fairness by ensuring disputes are resolved while evidence and memories are fresh, providing finality so potential defendants are not under indefinite threat, and encouraging timely pursuit of claims.

Failing to file a legal action within the specified timeframe generally bars the claim. A court will typically dismiss a case filed after the deadline if the defendant raises the statute of limitations as a defense, even if the claim itself is valid.

General Time Limits for Civil Cases

Pennsylvania sets different deadlines for filing civil lawsuits based on the type of claim, outlined mainly in Title 42, Chapter 55, Subchapter B of the state statutes.

Many common civil actions have a two-year statute of limitations under Pennsylvania Consolidated Statutes Section 5524. This includes lawsuits for personal injuries from negligence (like car accidents or falls), medical malpractice, assault, battery, false imprisonment, false arrest, malicious prosecution, property damage, and actions involving personal property.

Disputes involving contracts generally fall under a four-year statute of limitations, according to Section 5525. This covers actions on written, oral, or implied contracts, such as breaches related to sales, construction, promissory notes, or bonds. The clock typically starts when the contract is breached.

Other specific deadlines exist. Defamation (libel or slander) or invasion of privacy claims must be filed within one year (Section 5523). Certain actions against government units require a written notice of intent to sue within six months of the injury (Section 5522). A general six-year “catch-all” limitation applies to civil actions without a specific deadline elsewhere (Section 5527(b)).

Time Limits for Criminal Cases

Criminal prosecutions in Pennsylvania are also subject to time limits, detailed in Title 42, Chapter 55, Subchapter C. These deadlines dictate how long the state has to file charges after a crime allegedly occurs.

The time limit often depends on the crime’s severity. For many less serious offenses, including most misdemeanors and some lower-level felonies, prosecution must generally begin within two years of the offense (Section 5552(a)). For summary offenses involving vehicles, like traffic tickets, the timeframe is usually 30 days after the offense or its discovery (Section 5553).

Longer periods apply to more serious crimes. A five-year statute of limitations covers “major offenses” listed in Section 5552(b), including kidnapping, arson, burglary, robbery, certain aggravated assaults, forgery, and attempted murder where no death occurs. Certain major sexual offenses generally have a 12-year limit under Section 5552(b.1).

Some of the most severe crimes have no statute of limitations, meaning prosecution can start at any time. According to Section 5551, this includes murder, voluntary manslaughter, related conspiracy or solicitation resulting in murder, certain vehicular homicides, aggravated assault against an on-duty law enforcement officer, and several serious sexual offenses against minors under 18.

Exceptions and Extensions

While statutes of limitations set deadlines, certain circumstances can alter these timeframes in civil cases.

One key exception is the “discovery rule.” Normally, the clock starts when the injury or breach occurs. The discovery rule delays the start until the injured party knows, or reasonably should have known, about the injury and its cause by another’s conduct. This often applies when injuries are not immediately apparent, like in some medical malpractice or latent disease cases. Courts apply an objective “reasonable diligence” standard. Recent Pennsylvania Supreme Court decisions have clarified that awareness of symptoms doesn’t automatically mean awareness of an actionable injury caused by another.

For individuals who are minors (under 18) when their right to sue arises, the statute of limitations clock generally does not run during their minority, as per Section 5533(b). It typically starts when they turn 18, after which they have the standard statutory period (e.g., two years for personal injury) to file. Specific, longer timeframes apply to civil actions related to childhood sexual abuse, allowing significantly more time after reaching adulthood.

A defendant’s conduct can also extend the deadline. If a defendant engages in fraudulent concealment, actively misleading the plaintiff or hiding information about the cause of action, they may be prevented from using the statute of limitations defense. This generally requires an affirmative act of concealment by the defendant.

Impact of Tolling on Time Limits

Pennsylvania law also allows the statute of limitations clock to be temporarily paused, a concept known as “tolling.” Tolling stops the clock during specific circumstances; once the condition ends, the clock resumes from where it stopped.

One trigger for tolling is the defendant’s absence or concealment under Section 5532(a). If a person against whom a claim exists leaves Pennsylvania for four continuous months or more, or lives in the state under a false name unknown to the plaintiff, that period of absence or concealment generally doesn’t count toward the limit. However, this tolling often doesn’t apply if the defendant can still be served legally, for instance, through long-arm statutes for out-of-state service.

Wartime conditions can also toll the statute under Section 5534. If a cause of action arose in a country at war with the U.S. or occupied by such a country, the time during hostilities or occupation is excluded. Tolling also occurs if a party cannot sue because they are a citizen of a country at war with the U.S.

Federal law, specifically the Servicemembers Civil Relief Act (SCRA), mandates tolling for active-duty military personnel (50 U.S.C. Section 3936). The period of military service is excluded when calculating the time limit for bringing legal actions, applying to cases both by and against the servicemember for the entire duration of their service.

Recent Changes in Pennsylvania Law

Pennsylvania’s laws on lawsuit deadlines have undergone significant changes through legislation and court rulings, particularly concerning childhood sexual abuse and medical malpractice.

Act 87 of 2019 substantially altered timeframes for civil lawsuits related to childhood sexual abuse. Effective November 26, 2019, it extended the civil statute of limitations for individuals abused under age 18, allowing them until age 55 to file suit. For those abused between ages 18 and 23, the deadline was extended until age 30. These changes apply prospectively, meaning to causes of action arising from conduct after the law’s effective date. Act 87 also eliminated the criminal statute of limitations for prosecuting most sexual offenses against minors under 18, applying prospectively. Legislative efforts continue to seek a temporary, retroactive two-year window for civil claims previously barred by older statutes, but these require constitutional amendment or further legislation.

The Pennsylvania Supreme Court has also issued key rulings. In Nicolaou v. Martin (2018), the court clarified the application of the discovery rule in medical malpractice, emphasizing that whether a plaintiff exercised “reasonable diligence” in discovering their injury and its cause is often a factual question for a jury.

In Yanakos v. UPMC (2019), the court addressed the state’s Medical Care Availability and Reduction of Error (MCARE) Act, which contained a seven-year statute of repose for medical malpractice claims. A statute of repose sets an absolute deadline based on the date of the act, regardless of discovery. The court declared this seven-year repose period unconstitutional, finding it violated the Pennsylvania Constitution’s guarantee of open courts. This removed the absolute time bar, meaning the standard two-year statute of limitations, potentially extended by the discovery rule, now governs these claims without the former seven-year cutoff from the date of the alleged malpractice.

Importance of Legal Advice

Navigating Pennsylvania’s statutes of limitations can be challenging due to the varying deadlines, exceptions like the discovery rule, tolling provisions, and recent legal changes. Determining the correct deadline for a specific situation requires careful analysis of the facts and applicable law.

Missing the deadline typically results in the loss of the right to pursue a claim or defense. Given the complexities highlighted by rules governing minors, fraudulent concealment, tolling for absence or military service, and significant recent updates like Act 87 for sexual abuse claims and the Yanakos decision impacting medical malpractice cases, seeking professional legal advice is crucial. An attorney can help evaluate the specific circumstances, identify the correct time limit, determine if any exceptions or tolling apply, and ensure that legal rights are protected by filing within the required timeframe.