How Long Do I Have To Bring A Lawsuit—Pennsylvania Statutes Of Limitations: Rights For Victims Of Crime

If you have been the victim of a crime, the legal time limit to file a claim generally begins on the date of the incident. In Pennsylvania, the statute of limitations sets a deadline for legal action. Missing this window typically allows the defendant to move for a dismissal, which may result in losing your right to seek financial recovery from the person who harmed you.

At Bellwoar Kelly, LLP, we help victims seek accountability through the civil court system. Our team includes a former prosecutor who uses their experience evaluating criminal evidence to advocate for clients in personal injury lawsuits. We take a trial-ready approach to every claim to provide a professional voice for those who have suffered harm.

Comparing Criminal Vs. Civil Lawsuit Deadlines

You must distinguish criminal cases from civil lawsuits. In a criminal case, the government brings charges to punish a person for a crime. In a civil case, you sue the offender to recover compensation for medical bills, lost wages, and pain and suffering.

The Commonwealth sets its own deadlines for filing criminal charges, but those do not dictate your private lawsuit. Even if a suspect is never apprehended or the District Attorney declines to prosecute, you may still file a civil claim for your injury. These paths remain separate; Pennsylvania state law governs the time limit for your civil suit.

Pennsylvania Civil Claims For Personal Injury And Abuse

Victims of a crime often file a personal injury or wrongful death lawsuit. In Pennsylvania, you generally have two years from the date of the incident to file most civil claims. However, specific types of harm involve different rules.

Pennsylvania passed laws to help survivors of childhood sexual abuse seek justice later in life. Under current law, if the abuse occurred when the victim was under 18, they may file a civil lawsuit until their 55th birthday. Because the legislature recently changed these laws, a legal professional should review your specific timeline to see if a filing window remains open for you.

How Tolling And The Discovery Rule Affect Deadlines

In certain circumstances, the court may “toll,” or pause, the statute of limitations. This typically happens if the victim was a minor when the crime occurred; in these cases, the two-year clock does not start until the victim turns 18.

The “discovery rule” may also impact your deadline. If you could not have reasonably discovered an injury at the time it occurred, the clock may start on the day the harm became apparent. However, Pennsylvania courts apply this rule strictly. The discovery of new evidence – such as the identity of a perpetrator through a DNA match – does not always pause or restart the clock if you already knew about the injury itself.

Consequence Of Missing A Filing Deadline

Missing your filing deadline can lead a judge to throw out your lawsuit. This often happens even if you have solid proof to support your claim. To protect your rights, act quickly to gather records and report the event to the authorities.

To stay organized during this process, follow these steps:

• Save every medical record and police report related to the crime
• Write down the names and contact info of any witnesses
• Inquire about state victim compensation funds, noting that these programs have unique filing deadlines
• Keep a log of all expenses caused by your injuries

Organizing these documents early helps your legal team build a stronger case for recovery.

FAQ: Pennsylvania Personal Injury Filing Deadlines

Understanding how these timelines apply to your situation is essential for protecting your legal rights.

Can I sue if the criminal trial is still going on?

Yes. You can often initiate a civil suit while the criminal case remains active, though a judge may stay (pause) the civil proceeding until the criminal trial concludes.

Does a “not guilty” verdict mean I can’t sue?

No. Civil courts use a lighter standard for proof than criminal courts. In a civil case, you only need to show that your version of events is more likely true than not. In contrast, criminal cases require proof that leaves no room for doubt. Because of this difference, you can still win a civil lawsuit even if a jury found the defendant “not guilty” in a criminal trial.

What if my injuries did not show up right away?

A special exception may give you more time to file. However, you must prove that you had no way of knowing about the injury sooner. To protect your rights, act quickly to gather records and report the event to the authorities.

If you have additional questions regarding your specific timeline, our attorneys can provide a detailed assessment of your options.

Contact Bellwoar Kelly, LLP, To Start Your Recovery

Do not let a passing deadline prevent you from seeking the recovery you deserve. Contact Bellwoar Kelly, LLP, today to speak with an attorney about your case. Call our office at 610-314-7066 or visit our contact form page to schedule your free consultation.