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What is the Statute of Limitations in Pennsylvania?
The statute of limitations sets enforceable time limits for filing a lawsuit in Pennsylvania. They are applied in civil cases where individuals file claims against others for malpractice or personal injury, and in criminal cases when the state’s prosecutors file criminal charges against suspects accused of committing crimes. The statutes of limitations are taken very seriously, and missing or ignoring them may have grave consequences for a case. Typically, after they expire, cases cannot advance and will be dismissed in court, regardless of the severity of the case or the strength of the evidence.
These deadlines aim to promote fairness and ensure legal matters are handled within a set period using reliable information and evidence. A statute of limitations also seeks to balance the accused's right to a speedy trial with justice for any victims.
How Long Is the Statute of Limitations in Pennsylvania?
The statute of limitations or time limit for filing a lawsuit in Pennsylvania generally depends on the type of case and whether it is a civil case or a criminal prosecution. The statutes of limitations in Pennsylvania are determined in Chapter 55 of Title 42 of the Pennsylvania Consolidated Statutes. Civil statutes of limitations are given in Subchapter B, and criminal statutes are specified in Subchapter C. These rules govern the deadlines for filing lawsuits in Pennsylvania and vary according to the nature and severity of the case. For example, prosecutors must file charges in general misdemeanor cases within 2 years, while the deadline for more serious offenses is 5 years.
The table below shows some general statutes of limitations for civil and criminal cases in Pennsylvania.
| Case Type | Statutes of Limitations | Notes |
|---|---|---|
| Major felonies | No Statute of Limitations. 42 Pa.C.S. § 5551 | Particularly for murder, sexual crimes, and crimes against minors. |
| General Felonies | Charges must be filed between 5 and 12 years 42 Pa.C.S. § 5552 (b) | Includes aggravated assault, burglary, robbery, and other major offenses |
| misdemeanors | Charges must be filed within 2 years. 42 Pa.C.S. § 5552 (a) | Deadlines may vary according to the nature and severity of the offense |
| Civil lawsuits | 1 to 21 years. 42 Pa.C.S § 5522 - 5532. | Time limits vary based on the nature of the claim. |
What Crimes Have No Statute of Limitations in Pennsylvania
Typically, many crimes and civil issues have strict deadlines that govern the availability of legal recourse or prosecution. However, certain crimes have no statute of limitations and are considered so serious that there is no deadline to charge them. This means that prosecutors may bring charges against those accused of such crimes indefinitely, no matter how long has passed. Examples of such crimes include the following:
- Murder
- Voluntary Manslaughter
- Rape
- Sexual assault of a minor
- Human trafficking
Criminal Statute of Limitations in Pennsylvania
Pennsylvania's criminal statute of limitations specifies the time frame for state prosecutors to file charges against suspects. These deadlines generally change depending on the type and gravity of the offense. When the statute of limitations for a crime ends or expires, the crime may not be prosecuted and will be dismissed by the court if it is.
Misdemeanors: The misdemeanor statute of limitations in Pennsylvania is two years and covers offenses including petty theft, simple assaults, and harassment.
Felonies: The felony statute of limitations in Pennsylvania depends on the nature and degree of the felony. For the most serious felonies, such as murder, there is no statute of limitations or felony time limit. General felonies, such as burglary, have a deadline of 5 years, and sexual offenses have a statute of limitations of 12 years.
In some cases, the statute of limitations clock on an offense may be paused or tolled. These situations include when the suspect hides or flees the state to escape prosecution. When this happens, the time limit will be paused until they return or are located.
| Type of offense | Statute of limitations |
|---|---|
| Murder, voluntary manslaughter, or conspiracy to commit murder. | No Statute of limitations. 42 Pa.C.S. § 5551 |
| Aggravated Assault. Attempting to cause or causing serious bodily injury to a person, typically with a weapon | 5 years. 42 Pa.C.S. § 5552 (b) |
| Robbery. Committing theft either by using or causing serious bodily injuries to victims | 5 years. 42 Pa.C.S. § 5552 (b) |
| Sexual Assault. Non-consensual or deviant sexual intercourse | 12 years. 42 Pa.C.S. § 5552 (b.1) |
| Disorderly conduct. Public behavior that causes a disturbance. Usually after warnings | 2 years. 42 Pa.C.S. § 5552 (a) |
| Harassment. Unruly behavior intended to alarm or annoy another person | 2 years. 42 Pa.C.S. § 5552 (a) |
Is There a Statute of Limitations on Attempted Murder?
Yes, there is a statute of limitations for attempted murder in Pennsylvania. This is generally 5 years for the crime of attempted murder in cases where murder does not actually occur. In contrast, the state has no statute of limitations for murder. However, some factors may affect how long someone may be charged with attempted murder in Pennsylvania. For example, if the attempted murder is connected to a different crime that has no statute of limitations. The law also allows attempted murder charges to be brought after the 5-year deadline if the suspect flees the state or new evidence, such as DNA, links them to the crime later.
Statute of Limitations on Sexual Assault in Pennsylvania
The general sexual assault statute of limitations for Pennsylvania is determined by the age of the victim at the time of the assault. This holds for criminal prosecutions and filing sexual abuse claims in Pennsylvania. The sexual assault statute of limitations for adult criminal cases, which include sexual assault and rape, is 12 years. Prosecutors must bring charges against the suspect before the deadline passes to avoid the case being dismissed by the court. When the victim of a sexual assault crime is a minor under 18 years, there is no criminal statute of limitations or rape reporting deadline in Pennsylvania.
Age also plays a part when determining the sexual assault statute of limitations for civil claims.
- For adults who were 25 and above at the time of the incident, the deadline to file a claim is 2 years.
- For adults between the ages of 18 and 24 years at the time of the abuse, the claim must be filed by their 30th birthday.
- For cases where the victim was under 18 years at the time of the abuse, they have up to their 55th birthday to file their civil claim.
A reforms act was instituted in 2019, which removed the statute of limitations for criminal child sexual assault and extended the deadline for filing civil claims to the survivors' 55th birthday.
Civil Statute of Limitations in Pennsylvania
The civil statute of limitations in Pennsylvania entails how long you have to sue or file a civil claim in Pennsylvania. These civil lawsuit deadlines for Pennsylvania differ according to the nature of the claims, including defamation, personal injury, contract breaches, and property damage. These deadlines are important to know because claims filed after they have expired will be dismissed in court, however strong the claim is.
Certain factors may affect the civil statute of limitations, such as extending it or tolling(pausing) the deadline.
- If the victim filing the claim is a minor under 18, the deadline timer usually does not start to count until they turn 18, which extends the deadline.
- If the defendant in the civil lawsuit intentionally hides their offense, it may cause the statute of limitations to be extended.
- Pennsylvania uses the discovery rule, meaning that if the patient was unaware of the injury or misdiagnosis, the deadline clock may start from when the issue was discovered instead of when it occurred, extending it.
| Type of Claim | Statute of Limitations |
|---|---|
| Contract breach (written or oral) | 4 years. 42 Pa.C.S. § 5525 |
| Defamation (slander and libel) | 1 year. 42 Pa.C.S. § 5523(1) |
| Wrongful death | 2 years. Pa. C.S. § 5524(2) |
| Property damage | 2 years. 42 Pa.C.S. § 5524(7) |
| Personal Injury | 2 years. 42 Pa.C.S. § 5524(2) |
Statute of Limitations for Medical Malpractice in Pennsylvania
According to Pa. C.S. § 5524(2), the standard medical malpractice claim deadline in Pennsylvania is two years. The state also uses the discovery rule in medical malpractice cases. This is attached to acknowledge that medical errors are not always found immediately; hence, the statute of limitations clock does not start from when the negligent act occurred but from when the patient discovered the error. Missing this deadline means that a medical claim may no longer be made in court and will be dismissed if filed.
Although Pennsylvania does not require patients to give doctors advance notice of the claim, the plaintiff must file a certificate of merit within 60 days of filing the malpractice suit. This document explains that the claim has been reviewed and signed by a qualified medical expert who confirms that it has a basis or merit.
| Type of Malpractice | Description | Deadline 42 Pa.C.S. § 5524(2) |
|---|---|---|
| Medication mistakes | Hospital staff gave the patient the wrong dosage or a completely wrong medicine | 2 years |
| Injuries at birth | Errors during childbirth led to injuries to the mother or child | 2 years |
| Surgical errors | Surgeon leaves an item inside the patient or operates on the wrong body part | 2 years |
| Misdiagnosis/late diagnosis | The doctor misdiagnoses the patient, which causes further harm, or diagnoses the illness late | 2 years |
| Anaesthesia errors | Hospital staff administered the wrong dosage of anesthesia, leading to complications and harm to the patient | 2 years |
Statute of Limitations for Debt in Pennsylvania
As most types of consumer debt are considered contracts or contract breaches, the debt statute of limitations will follow that for contract breaches set down in 42 Pa.C.S. § 5525. This sets the general deadline for how long debts may be collected in Pennsylvania via civil claims to 4 years. This means a creditor has 4 years from the last payment or default on the debt to file a civil claim in court. If they miss this deadline, creditors may still try to collect the debt, but they cannot file a civil lawsuit, as it will be dismissed. This is usually referred to as a debt being time-barred.
Even though the time limit for collecting a debt via civil lawsuit in Pennsylvania is set at 4 years, specific actions may reset this deadline. A written acknowledgment of the debt, a part payment, or even a verbal promise to pay may restart the 4-year clock. For example, if a person had unpaid debt from 2020, creditors had up to 2024 to sue. If they made a written acknowledgement or paid a small part in 2022, it resets the timer, and the creditor may now have up to 2026 to file a claim.
The statute of limitations determines how long a debt may be collected via a civil claim. However, it does not affect how long the debt reflects on the debtor’s credit report. Debts, such as loans and unpaid credit card debts in Pennsylvania, will reflect in a person’s credit report for up to 7 years.
| Debt | Statute of Limitations 42 Pa.C.S. § 5525 |
|---|---|
| Personal loans (oral and written) | 4 years. 42 Pa.C.S. § 5525 |
| Medical bills | 4 years. 42 Pa.C.S. § 5525(a)(4) |
| Auto loans | 4years. 42 Pa.C.S. § 5525(a)(1) |
| Unpaid credit card debt | 4 years. 42 Pa.C.S. § 5525(a)(8) |
| Mortgage foreclosure | 4 years. 42 Pa.C.S. § 5525(a)(1) |
| Promissory notes/private lending agreement | 4 years. 42 Pa.C.S. § 5525(a)(8) |
Statute of Limitations for Child Abuse and Child Support in Pennsylvania
To acknowledge that survivors of child abuse may not report it until years after it happened, Pennsylvania extended its deadlines for filing civil claims and criminal prosecution cases.
For criminal cases, the child abuse statute of limitations for Pennsylvania has been removed for most cases. This means prosecutors may file criminal charges at any time, regardless of how long the act occurred. Civil lawsuits for childhood abuse for victims who were under 18 at the time of the abuse may be filed up to the survivors’ 55th birthday.
Child support in Pennsylvania is regulated via stringent laws to ensure the children receive their full payments. Unlike most debts, child support payments or arrears have no statute of limitations. The debt does not expire, and children who are owed may collect these debts even after they are grown. The state also enforces child support payments using various tools, such as the following:
- Wage garnishing
- Suspending the debtor parent’s driving or professional licenses
- Intercepting any tax refunds
The Domestic Relations Department of the local county Courts of Common Pleas is responsible for child support enforcement in Pennsylvania. Although a parent may request that future child support payments be reduced or adjusted, arrears and back child support cannot be touched and must be paid in full.