Before anything else in litigation comes the threshold question: do you still have time to file? Every civil claim in Pennsylvania has a statute of limitations — a deadline after which you lose the right to sue, regardless of how strong your case is. Miss it by one day and the case is gone.
The following table covers the most common civil claims. The clock generally starts on the date of the injury or breach, though the discovery rule may toll the deadline when harm was not immediately apparent.
| Claim Type | SOL | Statute | Notes |
|---|---|---|---|
| Personal Injury / Negligence | 2 years | 42 Pa.C.S. § 5524 | Bodily injury, slip and fall, MVA, medical malpractice (with discovery rule) |
| Wrongful Death | 2 years | 42 Pa.C.S. § 5524(2) | From date of death, not date of injury |
| Survival Action | 2 years | 42 Pa.C.S. § 5524(2) | Runs with the decedent's claim — same SOL as underlying tort |
| Breach of Contract (written) | 4 years | 42 Pa.C.S. § 5525(1) | Written agreements, including leases and promissory notes |
| Breach of Contract (oral) | 4 years | 42 Pa.C.S. § 5525(3) | Oral agreements — proving terms is the practical challenge |
| Property Damage | 2 years | 42 Pa.C.S. § 5524(7) | Damage to real or personal property |
| Fraud / Misrepresentation | 2 years | 42 Pa.C.S. § 5524(7) | Discovery rule may toll — runs from when fraud was or should have been discovered |
| Defamation (Libel / Slander) | 1 year | 42 Pa.C.S. § 5523(1) | Shortest PA civil SOL — do not wait |
| Products Liability | 2 years | 42 Pa.C.S. § 5524 | Strict liability or negligence theory — 2 years from injury |
| UCC — Breach of Warranty (Goods) | 4 years | 13 Pa.C.S. § 2725 | From tender of delivery, not from discovery of defect |
| Trespass / Nuisance | 2 years | 42 Pa.C.S. § 5524 | Continuing trespass may restart the clock |
| Legal Malpractice | 2 years | 42 Pa.C.S. § 5524(7) | Discovery rule applies — from when client knew or should have known |
| Will Contest (after probate) | 1 year | 20 Pa.C.S. § 908 | Appeal from probate — 1 year from grant of letters |
Minors: The statute of limitations is generally tolled during minority. A minor has until age 20 (two years after turning 18) for most tort claims — but this is a trap. Parents and guardians should not assume they can wait. Evidence disappears, witnesses forget, and some claims (like medical malpractice involving birth injuries) have complex rules.
Discovery rule: When the injury or breach was not immediately apparent, the clock may not start until the plaintiff knew or should have known of the harm. This is heavily litigated — the defendant will argue you should have discovered it sooner.
Incapacity: If the plaintiff is legally incapacitated at the time the cause of action accrues, the statute may be tolled until the incapacity is removed.
Defendant's absence: Time during which the defendant is absent from Pennsylvania may not count toward the limitations period (42 Pa.C.S. § 5532).
Do Not Wait
If you think you might have a claim, call a lawyer now — not when the deadline is approaching. Evidence needs to be preserved, witnesses need to be identified, and sometimes pre-suit notice requirements apply. The worst outcome in litigation is having a valid claim that you can never bring because the clock ran out.
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