Pennsylvania Filing Deadlines, a Child's Timeline and Government Notice
A statute of limitations is the time limit for starting a lawsuit. Under section 5524 of Title 42 of the Pennsylvania Consolidated Statutes, an action "to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another" must be commenced within two years. The same section reaches other actions for injury to a person founded on negligent, intentional or otherwise tortious conduct, unless another limitation in the subchapter applies. Exactly when the two years begin to run in a particular case depends on Pennsylvania's current law and the facts.
Children are treated differently. Under section 5533 of Title 42, if the person entitled to sue is an unemancipated minor when the cause of action accrues, "the period of minority shall not be deemed a portion of the time period within which the action must be commenced," and the person has the same time after reaching majority as others have. The section defines a minor as anyone who has not yet reached 18.
Government claims add a separate step. Under section 5522 of Title 42, a person about to sue a government unit for an injury must, within six months from the date the injury was sustained or the cause of action accrued, file a signed written statement in the government unit's office, and also in the Attorney General's office if the action is against a Commonwealth agency for damages. If that statement is not filed, the section provides that an action commenced more than six months after the injury shall be dismissed and the person forever barred, though the court shall excuse the failure on a showing of reasonable excuse. For government units other than the Commonwealth government, the notice period does not include time an injured person is unable to give notice because of incapacitation or disability from the injury, up to 90 days, and if the injuries result in death, the time for notice begins with the death.
For a parent whose child was hurt, or a family after a death, a missed deadline can end a claim regardless of its merits; a missed six-month notice can bar a claim against a public body even where the injury was serious. A person in this position may weigh the date of the injury, the injured person's age at the time, and whether a public body was involved, which are the facts an attorney would use to sort out which deadline applies.