Civil Litigation & Business Disputes
Statute of Limitations: Pennsylvania Filing Deadlines
Last updated February 2026
3 min read
✓ Verified Feb. 2026
Before anything else in litigation comes the threshold question: do you still have time to file? Every civil claim in Pennsylvania has a statute of limitations, a deadline after which you lose the right to sue, regardless of how strong your case is. Miss it by one day and the case is gone.
The following table covers the most common civil claims. The clock generally starts on the date of the injury or breach, though the discovery rule may toll the deadline when harm was not immediately apparent.
| Claim Type | SOL | Statute | Notes |
|---|---|---|---|
| Personal Injury / Negligence | 2 years | 42 Pa.C.S. § 5524 | Bodily injury, slip and fall, MVA, medical malpractice (with discovery rule). Note: Pennsylvania previously imposed a 7-year statute of repose for medical malpractice (40 P.S. § 1303.513), but the PA Supreme Court declared it unconstitutional in Yanakos v. UPMC, 218 A.3d 1214 (Pa. 2019), holding it violated the remedies clause of the PA Constitution (Art. I, § 11). There is currently no medical malpractice statute of repose in Pennsylvania; the 2-year statute of limitations with the discovery rule is the operative deadline. |
| Wrongful Death | 2 years | 42 Pa.C.S. § 5524(2) | From date of death, not date of injury |
| Survival Action | 2 years | 42 Pa.C.S. § 5524(2) | Runs with the decedent's claim: same SOL as underlying tort |
| Breach of Contract (written) | 4 years | 42 Pa.C.S. § 5525(8) | Written agreements generally; promissory notes and negotiable instruments under § 5525(7); sale/construction of personal property under § 5525(1) |
| Breach of Contract (oral) | 4 years | 42 Pa.C.S. § 5525(3) | Oral agreements: proving terms is the practical challenge |
| Property Damage | 2 years | 42 Pa.C.S. § 5524(7) | Damage to real or personal property |
| Fraud / Misrepresentation | 2 years | 42 Pa.C.S. § 5524(7) | Discovery rule may toll: runs from when fraud was or should have been discovered |
| Defamation (Libel / Slander) | 1 year | 42 Pa.C.S. § 5523(1) | Shortest PA civil SOL: do not wait |
| Products Liability | 2 years | 42 Pa.C.S. § 5524 | Strict liability or negligence theory. 2 years from injury |
| UCC. Breach of Warranty (Goods) | 4 years | 13 Pa.C.S. § 2725 | From tender of delivery, not from discovery of defect. Exception: for warranties explicitly extending to future performance, the cause of action accrues when the breach is or should have been discovered. |
| Trespass / Nuisance | 2 years | 42 Pa.C.S. § 5524 | Continuing trespass may restart the clock |
| Legal Malpractice | 2 years | 42 Pa.C.S. § 5524(7) | Discovery rule applies, from when client knew or should have known |
| Will Contest (after probate) | 1 year | 20 Pa.C.S. § 908 | Appeal from probate. 1 year from grant of letters |
| Government Tort Claims (notice) | 6 months | 42 Pa.C.S. § 5522 | Written notice to government unit required within 6 months of injury; failure bars the claim entirely, even if the underlying SOL has not expired |
| UTPCPL (Unfair Trade Practices) | 6 years | 42 Pa.C.S. § 5527(b) | Private actions under the PA Unfair Trade Practices and Consumer Protection Law |
| Specific Performance (real estate) | 5 years | 42 Pa.C.S. § 5526(2) | Action to enforce or recover damages for noncompliance with a contract for sale of real property |
| Adverse Possession | 21 years | 42 Pa.C.S. § 5530 | Recovery of real property or quiet title; actual, continuous, exclusive, visible, notorious, distinct, and hostile possession required. A shorter 10-year period applies under § 5527.1 for single-family dwellings on parcels not exceeding one-half acre, provided the possessor has occupied the dwelling for the full 10 years and the parcel is identified as a separate lot in a recorded conveyance or plan. |
| Real Estate Appraiser Claims | 5 years | 42 Pa.C.S. § 5539 | From date of appraisal; exception for fraud or consumer single-family transactions (Act 93 of 2021) |
Minors: The statute of limitations is generally tolled during minority. A minor has until age 20 (two years after turning 18) for most tort claims, but this is a trap. Parents and guardians should not assume they can wait. Evidence disappears, witnesses forget, and some claims (like medical malpractice involving birth injuries) have complex rules.
Discovery rule: When the injury or breach was not immediately apparent, the clock may not start until the plaintiff knew or should have known of the harm. This is heavily litigated, the defendant will argue you should have discovered it sooner.
Incapacity: If the plaintiff is legally incapacitated at the time the cause of action accrues, the statute may be tolled until the incapacity is removed.
Defendant's absence: Time during which the defendant is absent from Pennsylvania may not count toward the limitations period (42 Pa.C.S. § 5532).
Do Not Wait
If you think you might have a claim, call a lawyer now, not when the deadline is approaching. Evidence needs to be preserved, witnesses need to be identified, and sometimes pre-suit notice requirements apply. The worst outcome in litigation is having a valid claim that you can never bring because the clock ran out.
Statutory content on this page was last verified against Pennsylvania statutes (42 Pa.C.S.) and Rules of Civil Procedure: February 2026. If you are reading this significantly after that date, confirm key provisions with current statute text or contact our office.
Free consultations available for most practice areas.
Book a Free Consultation Or call 215-949-0888