What is the statute of limitations for pain and suffering claims in general?
The statute of limitations is a legal rule that sets a time limit for plaintiffs to file lawsuits against defendants. This limit varies depending on the type of case and the state in which it is filed. In Pennsylvania, the statute of limitations for personal injury claims, including pain and suffering claims, is generally two years from the date of the incident that caused the injury. This means that if you wait longer than two years to file a claim, it is likely that the court will dismiss it without hearing the merits.
Are there any exceptions to the general rule?
Yes, in some cases, the statute of limitations may be shorter or longer than two years. For example, if the defendant is a government agency or employee, you may have only six months to file a notice of claim, and then an additional two years to file a lawsuit. If the claim involves medical malpractice, the statute of limitations may also be shorter, and you may have only two years from the date of discovery of the injury, or up to seven years in certain cases. On the other hand, if the plaintiff is a minor or mentally incapacitated, the statute of limitations may be tolled until they reach a certain age or have their capacity restored.
What happens if you file a claim after the statute of limitations has expired?
If you file a pain and suffering claim after the statute of limitations has expired, your claim will be dismissed without hearing the merits. This means that you will lose your right to seek compensation for your injuries, no matter how valid they may be. Therefore, it is important to consult with an attorney as soon as possible after an accident or incident that has caused you pain and suffering, to ensure that you do not miss any deadlines.
How can an attorney help you with your pain and suffering claim?
An experienced personal injury attorney can help you gather evidence, negotiate with the defendant’s insurance company, and file a lawsuit if necessary. They can also advise you on the applicable statute of limitations and other legal deadlines, so that you do not miss any important steps in the process. They can also help you calculate the value of your pain and suffering damages, which may include physical pain, emotional distress, loss of enjoyment of life, and other factors. With the right legal representation, you can maximize your chances of obtaining the compensation you deserve.
In conclusion, the statute of limitations is an important consideration in any pain and suffering claim in Pennsylvania. If you are considering filing such a claim, it is crucial to be aware of the time limit and any exceptions that may apply. The best way to protect your rights and interests is to consult with an experienced personal injury attorney, who can guide you through the process and fight for your compensation. With the right legal representation, you can focus on your recovery and leave the legal details to the experts.
Ciccarelli Law Offices has more than four decades of collective experience seeking justice accident survivors and their loved ones. Based in suburban Philadelphia at 304 North High Street, West Chester PA 19380, we make your choice all the clearer with locations throughout the metropolitan Philadelphia Pennsylvania, including Philadelphia, West Chester PA, Lancaster, Malvern (serving Downingtown/Exton PA), Plymouth Meeting PA, Radnor and Springfield PA.
We serve Downingtown, Paoli, Williamsport, Kennett Square PA, Media, Norristown, Harrisburg, Malvern, Doylestown, Lancaster, Exton, Lebanon, King of Prussia PA, State College PA, Allentown, Reading, and Coatesville. For more information or to schedule an appointment with an experienced Pennsylvania Personal Injury Attorney at Ciccarelli Lawyers, by contacting us at (610) 692-8700 or toll free at (877) 529-2422.