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January 2nd, 2025
Filing a personal injury claim can be an overwhelming and confusing process. Not only are you trying to recover from your injury, but you may be facing extensive medical bills or lost wages from your inability to work. Dealing with your insurance company adds another layer of stress to an already intense situation.
Due to all of these potential stressors, filing a personal injury claim may not be at the top of your priority list. However, it is important to be aware of the statute of limitations in the area where you plan to file. The statute of limitations defines the maximum time allowed to initiate legal proceedings after an event occurs.
Without taking action in the proper amount of time, the statute of limitations may prevent you from seeking the compensation you deserve.
The statute of limitations for personal injury claims varies depending on where you file your case. As long as you can prove the negligence of another party, you can file for compensation after suffering a personal injury.
For example, if you are the victim of a car accident caused by a distracted driver, you may be entitled to compensation. The personal injury case would need to be filed against the negligent driver with ample evidence to prove their negligence.
At Bordas & Bordas, we have trusted attorneys ready to advocate for your personal injury case in Pennsylvania, West Virginia, and Ohio. These are the statute of limitations for each state:
Despite the general two-year rule for personal injury cases, there are specific exceptions to this rule that you should be aware of when considering opening a personal injury case.
The two-year rule for Pennsylvania applies to cases where injuries or deaths were caused by unlawful violence or negligence. Specifically, you have two years to file for compensation if you are a victim of a personal injury from a(n)
Additionally, a wrongful death case may also only be filed within the first two years after the victim passes away. Intentional injuries also fall within this two-year limitation. These injuries may include false imprisonment, malicious prosecution, or assault and battery.
In all of these cases, the two years begin at the point of injury or death. However, in the case of defamation, victims only have one year to file their claim.
In West Virginia, nearly all personal injury cases (motor vehicle collisions, slip and falls, pedestrian accidents, etc.) must be filed within two years to pursue compensation. Like in Pennsylvania, the two years begin right after the injury occurs.
In the case of medical malpractice, West Virginia has more specific rules and deadlines in place.
With the incorporation of the “discovery rule,” victims of medical malpractice have two years to file a claim. However, the two years begin on the date you reasonably should have known about your injury. So, the two-year window to file a claim starts the day you realize you are injured, which may be later than when the actual injury occurred. The latest you can file a claim with the discovery rule is 10 years after the date of the injury.
Moreover, a legally disabled person has twenty years to file a personal injury lawsuit. These twenty years begin the day of the injury.
Ohio follows a similar two-year rule as compared with Pennsylvania and West Virginia. Common personal injury cases that fall under the Ohio two-year statute of limitations include:
However, if you endure a personal injury due to assault or battery, you only have one year to file your personal injury claim.
The one-year rule also applies to medical malpractice cases. The “discovery rule” applied in West Virginia cases can also be used in Ohio; the only difference is that the latest you can file for medical malpractice is four years after the accident.
Filing a personal injury case can already be confusing without adding the consideration of the statute of limitations. There is a lot of paperwork that needs to be carefully completed and evidence gathered to make a strong claim.
Having an experienced personal injury lawyer by your side to guide you through this process will significantly reduce the burden and increase the likelihood that you will earn the compensation you deserve. Our personal injury attorneys are well aware of the statute of limitations, and can help gather the evidence you need to ensure you file your claim before the limitation sets in.
If you or a loved one has experienced an injury caused by someone else’s negligent or intentional acts, don’t wait for the statute of limitations to prevent you from getting the financial damages you need to recover. Bordas & Bordas is ready to help. Contact us today to begin your journey toward compensation.
