How Long Do I Have to File a Catastrophic Injury Claim in Pennsylvania?

How Long Do I Have to File a Catastrophic Injury Claim in Pennsylvania?

Learn Pennsylvania’s statute of limitations for catastrophic injury claims, exceptions that may extend the deadline, and why acting quickly can protect your rights.

If you’ve suffered a catastrophic injury in Pennsylvania—such as a spinal cord injury, traumatic brain injury, amputation, or severe burn—your ability to recover compensation depends on meeting strict legal deadlines. These time limits, known as statutes of limitations, determine how long you have to file a lawsuit. Missing the deadline can mean losing your right to recover damages, no matter how strong your case is.

The General Deadline in Pennsylvania
In most personal injury cases, including catastrophic injury claims, Pennsylvania law gives you two years from the date of the injury to file a lawsuit. This applies whether your injury was caused by a car accident, workplace incident, medical malpractice, or another party’s negligence.

Why the Clock May Start Later
In some cases, you might not realize the full extent or cause of your injury immediately. Pennsylvania follows the discovery rule, which can extend the filing deadline if:

  • You did not and could not have reasonably known about the injury right away.

  • The injury’s connection to someone else’s negligence was not immediately apparent.

Under this rule, the two-year period may begin when you discover (or should have discovered) the injury and its cause.

Special Deadlines for Certain Claims
There are situations where the statute of limitations is different:

  • Claims Against Government Entities: If your injury was caused by a city, county, or state agency, you must file a notice of intent to sue within 6 months of the injury.

  • Medical Malpractice: Involving catastrophic harm from medical negligence, there may be a seven-year outer limit in most cases, though exceptions apply for minors and fraudulent concealment.

  • Workplace Injuries: If your catastrophic injury occurred at work, you must report it promptly to your employer to preserve your workers’ compensation rights, even if a separate lawsuit is filed.

Why Acting Quickly Matters
Even if you believe you have plenty of time, starting your claim early is critical. Evidence can disappear, witnesses’ memories fade, and the insurance company may use delays against you. Prompt action gives your legal team more time to gather evidence, consult experts, and build the strongest possible case.

What Happens If You Miss the Deadline?
If the statute of limitations expires, your case will almost certainly be dismissed by the court, and you’ll lose your right to seek compensation—regardless of how severe your injuries are or how much the other party was at fault.

Protect Your Rights Now
If you or a loved one has suffered a catastrophic injury in Pennsylvania, don’t risk missing important deadlines. Contact an experienced catastrophic injury attorney as soon as possible to evaluate your case and start the claims process.

The Pisanchyn Law Firm helps victims of catastrophic injuries meet legal deadlines, secure necessary evidence, and fight for the compensation they deserve. Call today for a free consultation.