Statutes of limitations restrict the time period that a person can file a lawsuit and in this case a personal injury lawsuit. Statutes of limitations not only vary by state, but also by cause of action.

Typically, a personal injury lawsuit in the state of Pennsylvania must be filed within two years of the date when the injury occurred. This statute of limitations also applies to medical malpractice and product liability claims. However, Pennsylvania has a discovery rule, which extends the time for filing a personal injury claim. Under this rule, the statute of limitations will begin to run at the time the plaintiff knows that he or she was injured and that the injury was caused by the medical providers conduct.

The Statute of Repose

In 2002, the Pennsylvania state legislature enacted a comprehensive medical malpractice bill known as the Medical Care Availability and Reduction of Error (MCARE) act.

The new restrictive laws includes a section called the statute of repose, which places a time limit on how long a person has to file a claim even if the discovery rule would otherwise apply. The statute of repose prevents claims from being brought more than seven years after the occurrence of the personal injury caused by medical malpractice.

There are several important exceptions to the statute of repose. In situations where a foreign object is left in the body, the law does not apply. Also, wrongful death claims must be filed within two years of the time of death, unless the cause of death was fraudulently hidden or actively distorted.

Special Rules for Minors

A minor in Pennsylvania must file a personal injury lawsuit within two years of his or her 18th birthday.