Car Accident Lawyer Pennsylvania

If you’ve been involved in a car accident in Pennsylvania, you deserve a legal team that will fight for your rights. At Porta-Clark & Ward, we understand the physical, emotional, and financial toll a car crash can take. Our experienced car accident lawyers are here to help you navigate the legal process and secure the compensation you deserve. Call us today at (412) 921-7350 for a free consultation and let us provide the legal support you need.

How Long Do You Have to File a Car Accident Lawsuit in Pennsylvania?

If you were injured in a car accident in Pennsylvania, you may be considering legal action to recover compensation. However, there is a strict deadline for filing a lawsuit. This deadline is known as the statute of limitations. Missing it can mean losing the right to pursue damages.

The Statute of Limitations for Car Accident Lawsuits

Pennsylvania law generally gives car accident victims two years from the date of the crash to file a personal injury lawsuit.

If a lawsuit is not filed before the deadline, the court will likely dismiss the case. This means you lose the ability to seek compensation through the legal system. Even if you have a strong case, the statute of limitations acts as a strict cutoff.

Why Pennsylvania Has a Time Limit on Car Accident Lawsuits

Statutes of limitations exist to ensure that legal claims are handled within a reasonable time frame. As time passes, evidence can become harder to gather. Witness memories may fade, and important documents might be lost. These laws help keep the legal system fair by preventing lawsuits based on outdated or unreliable evidence.

When the Clock Starts Running on Your Case

For most car accident claims, the two-year deadline begins on the date of the crash. However, there are certain situations where the clock may start later.

One exception involves injuries that are not immediately apparent. In rare cases, a person may not realize they were injured until days or even weeks after an accident. While Pennsylvania does recognize the discovery rule in some personal injury cases, it is not commonly applied to car accidents. Most injuries are obvious soon after a crash, so the court is unlikely to extend the deadline based on late discovery.

Exceptions That Can Extend the Filing Deadline

Although the two-year statute of limitations applies in most cases, some circumstances can extend the deadline.

If the Injured Person is a Minor: If a child is injured in a car accident, the two-year time limit does not begin until their 18th birthday. This means they have until age 20 to file a lawsuit. However, a parent or guardian can file on their behalf before then.
If the Accident Involves a Government Entity: If your claim is against a government agency, such as a city bus or a state-owned vehicle, the deadline is much shorter. In Pennsylvania, you must file a notice of intent to sue within six months of the accident. Failing to meet this requirement can result in losing the right to sue.

Why You Should Not Wait to File a Lawsuit

Even though Pennsylvania gives accident victims two years to file a claim, waiting too long can hurt your case. The sooner you start the legal process, the easier it is to collect strong evidence.

Some key reasons to act quickly include:

Stronger Evidence: Surveillance footage, witness statements, and accident reports are easier to obtain soon after a crash. Waiting too long can result in lost or unreliable evidence.
More Credible Witness Testimony: Witnesses are more likely to remember important details when interviewed soon after the accident.
Better Negotiation Leverage: Insurance companies may take your claim more seriously if they see you are prepared to take legal action.
Avoiding Insurance Tactics: Insurers may try to delay negotiations to push you closer to the filing deadline. If you run out of time, they know you cannot sue.

How to Protect Your Right to File a Lawsuit

If you were injured in a Pennsylvania car accident, taking the right steps can help protect your legal rights.

Get medical attention right away. Even if you feel fine, some injuries take time to show symptoms. A doctor’s evaluation creates a record of your injuries.
Report the accident to the police. An official accident report can be useful evidence in your case.
Gather as much evidence as possible. Take photos of the crash scene, vehicle damage, and injuries. Get contact information from witnesses.
Consult a personal injury lawyer. An attorney can evaluate your case and ensure you meet all legal deadlines.

What Happens If You Miss the Deadline?

If you attempt to file a lawsuit after the statute of limitations has expired, the defendant can ask the court to dismiss your case. In most situations, the judge will grant the dismissal, and you will lose the ability to recover damages.

There are very few exceptions to this rule. If you believe your case qualifies for an extension, you should speak with a lawyer as soon as possible.

Full Tort or Limited Tort Coverage in Pennsylvania

Pennsylvania is known as a “No Fault” insurance state. This simply means that it does not matter who caused an accident. What you are able to recover is dictated by the insurance coverage that you purchased on your own vehicle, even if it was not involved in the accident.

One of the coverages you are able to purchase is “Full Tort” or “Limited Tort” insurance. You should always elect to purchase the full tort option. Although this option will cost a higher premium, it allows you to recover damages for any pain and suffering you have suffered as a result of injuries from an accident, no matter how badly you are injured.

If you have chosen the limited tort option, you will be able to recover out–of–pocket expenses such as wage loss or unpaid medical bills. However, you can only recover damages for pain and suffering if you have a “serious injury” as defined by Pennsylvania law. This generally means that you have an injury that has resulted in death, serious impairment of bodily function, or serious permanent disfigurement. While there are exceptions to the “limited tort” option that allow you to be treated as having “full tort,” they are very specific and very limited.

Who pays for your medical treatment?

Because Pennsylvania is a “No Fault” insurance state, your medical bills are paid by the first-party medical benefits available under your own automobile policy. This is true even if you did not cause the accident and even if you were not in your own vehicle when the accident occurred. Under Pennsylvania law, you must have a minimum of $ 5,000.00 of first-party medical benefits available through your automobile insurance policy.

Get the Justice You Deserve with a Car Accident Attorney

Filing a car accident lawsuit can be overwhelming, but you do not have to handle it alone. A personal injury lawyer can guide you through the process, ensure you meet all deadlines, and help you build the strongest case possible.

Acting quickly can make all the difference in securing the compensation you deserve. Porta-Clark & Ward is committed to helping car accident victims in Pennsylvania secure the compensation they deserve. Our experienced car accident attorneys will fight for your rights every step of the way. Call us at (412) 921-7350 today for a free consultation and take the first step toward justice.