Don’t Wait to File a Lawsuit. The Clock is Ticking.

Attorney Nicole Santo, Don't Wait To FileThe pandemic has not taken away your right as a citizen of Pennsylvania to seek damages in civil matters through the legal system. However, exceeding statutes of limitation can. All States, including Pennsylvania, place time limits on filing civil lawsuits.

Limits are placed on civil lawsuits to ensure that plaintiffs can’t sue indefinitely and to ensure the integrity of evidence, including eyewitness testimony. Generally, the statute of limitations for most personal injury cases, including Medical Malpractice, in Pennsylvania is two years. The clock starts ticking on the date of the incident or the discovery of the wrong. This two-year limit holds true even throughout the current pandemic.

The “discovery rule” is an exception to the statutory period. When an injury is not known to the Plaintiff, and knowledge cannot be reasonably determined within the time-limit, the statute of limitations will not begin until the discovery of the injury is reasonably possible.

Statute of limitations laws are intended to create fairness and practicality when filing lawsuits. The two-year limit is in place so that all parties have a definitive amount of time to make their claims without unfinished legal matters hanging over them indefinitely.

During this extraordinary time, the Pennsylvania Court system remains open and functioning. However, modifications to the progression of cases have been put in place in an effort to adhere to pandemic safety precautions. Some of these modifications, thanks to advanced technology, include telephone conferences, videoconferencing, and the use of other electronic means such as electronic mail to facilitate the legal process.

If you or a loved one have been seriously injured, it’s important that you contact an attorney as soon as possible. While pandemic restrictions have been put in place to ensure the health and safety of all parties, they do not negate the ability to file lawsuits for those who were injured due to the neglect of others, and the statute of limitations still applies.

If you were injured and need to speak to an attorney, call the Personal Injury team at Hourigan, Kluger & Quinn at 570-287-3000 for your free consultation.

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