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Pennsylvania Statute of Limitations

Statute of LimitationsDo Not Waste Time Waiting

It is very important that victims file a medical malpractice lawsuit as soon as possible, because attorneys need a substantial amount of time to review all of the documentation involved in the case. Time is of the essence. The longer you wait to call, the smaller your chance is of starting a lawsuit or recovering damages. You owe it to yourself and to your family to get the security that you need in the days and years to come.  Many cases require medical expertise from doctors to review records and this can take substantial time.

Information about the Pennsylvania Statute of Limitations

A statute of limitations is the time limit for carrying out a legal action such as filing a lawsuit. In Pennsylvania, the limit for filing a medical malpractice lawsuit is two years. However, the limited time period for filing a suit begins when the injured person discovers or should have discovered that the injury was caused by someone else’s error.  In most cases, the time limit begins to run on the day the medical error was made.

Minors

The Pennsylvania Statute of Limitations does not apply until age 18, unless that minor has already been emancipated from his or her parent, in which case the two-year statute of limitations would still apply.

When the Two-year Statute Does Not Apply

The two-year statute of limitations does not apply to death cases.  There is only a one-year statute of limitations in the case of a death – half as much time to file the lawsuit.

Caps on Damages

There is no cap on compensatory damages in Pennsylvania.

Need More Information?  Still confused about time limits?

Contact our medical malpractice lawyers, Larry Cohan, Alan Schwartz, & Steve Pokiniewski to learn how the statute of limitations applies in your case.  Call 866-910-4242 or fill out our case inquiry form.

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