A statute of limitations is a law that establishes a time limit for filing a lawsuit or initiating a criminal prosecution. These deadlines differ based on the nature of the legal claim. For instance, the time constraints for a personal injury case will not be the same as those for a contract dispute. This article focuses on the statutes of limitations within Pennsylvania’s legal framework.
Why Statutes of Limitations Exist in Pennsylvania Law
Statutes of limitations serve several functions in Pennsylvania’s justice system. A primary purpose is to ensure fairness for defendants by preventing the indefinite threat of legal action, which encourages potential plaintiffs to bring claims with reasonable diligence. Without such time limits, individuals could face lawsuits for events that occurred decades in the past, making it exceedingly difficult to mount a defense.
These laws also promote the reliability of the legal process. Over time, evidence can be lost or degrade, and the memories of witnesses naturally fade. Requiring claims to be filed within a specific period helps courts reach outcomes based on more accurate information, preventing the litigation of stale claims.
Common Civil Statutes of Limitations in Pennsylvania
The time limits for filing civil lawsuits in Pennsylvania vary by the type of claim. For many personal injury cases, such as those from car accidents or slip and fall incidents, a lawsuit must be filed within two years of the incident. This two-year deadline also applies to claims for damage to personal property and medical malpractice. For a breach of a written or oral contract, the statute of limitations is four years.1The General Assembly of Pennsylvania. Section 5525 – Four Year Limitation An action for defamation, which includes both libel and slander, must be brought within one year.
Understanding Criminal Statutes of Limitations in Pennsylvania
Criminal prosecutions in Pennsylvania are also governed by time limits, though the rules can be complex. The deadlines often depend on the severity of the offense. Prosecution must begin within two years for most misdemeanors and within five years for many felonies, with charges like simple assault or theft falling under these timeframes.2The General Assembly of Pennsylvania. Section 5552 – Other Offenses
However, there are important exceptions for the most serious crimes. For offenses such as murder or voluntary manslaughter, there is no statute of limitations, meaning a prosecution can be started at any time. This exception also applies to certain serious sexual offenses—including rape, statutory sexual assault, and incest—if the victim was under 18 years old when the crime occurred.
When the Statute of Limitations Clock Starts Ticking
The point at which the statute of limitations period begins is known as “accrual.” For most cases, the clock starts on the date the injury occurred or the crime was committed. This is a straightforward calculation in situations like a car accident where the date is clear.
Pennsylvania law recognizes that not all injuries are immediately apparent, so the “Discovery Rule” can alter the start date. This rule specifies that the limitation period does not begin until the injured person knew, or reasonably should have known, that they were injured and that their injury was caused by someone else’s conduct. This is common in medical malpractice cases where a surgical error might not be discovered until years after the procedure. In such an instance, the limitation period would start from the date of discovery, not the date of the surgery.
Circumstances That Can Pause or Extend the Deadline
In certain situations, the law allows the statute of limitations clock to be paused or extended, a concept known as “tolling.” One common reason for tolling in Pennsylvania involves a minor. For most civil cases, if the injured party is under 18, the statute of limitations is paused until their 18th birthday.3The General Assembly of Pennsylvania. Section 5533 – Infancy, Insanity or Imprisonment However, for civil lawsuits arising from sexual abuse that occurred when the individual was a minor, the law allows a lawsuit to be filed until the victim reaches age 55.
Another circumstance that can trigger tolling is when a defendant evades legal action. If a defendant leaves Pennsylvania or conceals their whereabouts to avoid being served with legal papers, the clock may be stopped for the duration of their absence or concealment.4The General Assembly of Pennsylvania. Section 5532 – Absence or Concealment Fraudulent concealment, where a defendant actively hides their wrongdoing, can also pause the statute until the wrongdoing is discovered.
Consequences of Missing the Statute of Limitations Deadline
The consequences of failing to file a legal action before the statute of limitations expires are final. If a civil lawsuit is filed after the deadline has passed, the defendant can ask the court to dismiss the case. The court is likely to grant this request, which means the plaintiff is permanently barred from seeking compensation for their injury or damages related to that incident.
In criminal law, the effect is similar. If prosecutors fail to file charges within the applicable time limit, they lose the right to do so. Should they attempt to initiate a prosecution after the period has expired, the defendant can have the charges dismissed, meaning the individual cannot be tried for that crime.