Statutes of limitations are the primary reason that an individual will need to waste no time when it comes to contacting Thepearcelawfirm.com right away after they suspect they have become a victim. Statutes of limitations may prevent an individuals case from being heard or a settlement from being granted due to what is deemed excessive passing of time.
Statutes of limitations vary from state to state and by law suit/case time. Today we’re going to discuss the particular statutes of Limitations when it comes to negligence and personal injury cases in the state of Pennsylvania.
In Pennsylvania, the statue of limitations begins when “survival action begins to run when the decedent, and not his representatives, could have discovered his injury and its cause through the exercise of reasonable diligence.” It is said that the discovery rule, as it is known, is not needed in a wrongful death case to prevent the statue of limitations from working an injustice on a reasonable diligent plaintiff. Principle that limitations period for bringing wrongful death and survival actions was not to be extended by discovery rule did not violate remedies, due process, and equal protection clauses of the State Constitution nor the privileges and immunities, due process, and equal protection.”
The statute of limitations from wrongful death is a maximum of two years in Pennsylvania. For medical malpractice cases, the same two year statue holds true with a discovery rule. In a case of “comparative negligence” the two year statute was adopted to recover damages resulting in death or injury to person or property. When it comes to an injury or an ongoing medical illness, two years can seemingly fly by. It is important to remember to contact Edith Pearce, Esquire immediately to file your case.