Legal Question in Civil Litigation in Pennsylvania

civil lawsuit

How long does a person have to file a civil lawsuit after the person feels he has been victimised?


Asked on 8/31/00, 10:32 pm

1 Answer from Attorneys

William Marvin Cohen, Placitella & Roth, P.C.

Re: civil lawsuit

This issue is called the "statute of limitations."

To quote the movie, "be very afraid."

The time period depends on the type of claim. In PA, for most type of injury claims, you have two years. But libel and defamation, it's only one year. For contracts, 4 years. But a contract can specify a shorter period: for homeowners insurance policies, for example, you have to sue within one year.

Deciding when that time period starts running is even more difficult. The event you mention, "when a person feels victimized" is NOT the test.

Courts will look at when the injury occurred, i.e., when the defendant did something wrong, when that action caused harm, and in rare situations, if the victim didn't know about the harm, when they did (or should have) discovered it.

There's many exceptions which can lengthen or shorten the time period. I.e., a minor may have until they reach age 20. But you can't sue on a construction defect more than 12 years after it was completed, regardless of when the injury happened.

So, the only all-purpose answer is that anyone who thinks they might have a legal claim should IMMEDIATELY consult an attorney, and give that attorney all the facts to figure out when the deadline is.

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Answered on 10/04/00, 9:02 am


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