Hurt, wronged, or owed money
THINKING ABOUT SUING
What Pennsylvania law says about the time to bring a claim, by the kind of claim, and about the court that hears small ones. Every period here is one the guide already states, with the section it comes from and the law that section cites.
A period runs from the event its statute names. When that event happened, and whether anything paused the count, are facts a lawyer applies; whether a claim is worth bringing is a question for one too. Nothing here answers either.
THE TIME TO SUE
An injury to a person
Hurt in a fall, a crash, a dog bite, or by somebody's carelessness.
2 years
Suing for an injury to a person
- From
- The claim arising; when the time starts and what pauses it are not set out in this guide
The period for an injury to a person, or a death, caused by another's wrongful act or negligence, and for assault, battery, false arrest and malicious prosecution.
Damage to property
A car, a phone, a fence, or anything else damaged or taken.
2 years
Suing over taking or damaging personal property
- From
- The claim arising; when the time starts and what pauses it are not set out in this guide
The period for taking or damaging personal property, and for trespass to land.
A written contract
A signed agreement, a lease, a written estimate or invoice.
4 years
Suing on a contract, written or oral, or a note
- From
- The claim arising; when the time starts and what pauses it are not set out in this guide
The period for a contract, written or oral, or a note. On a note payable on demand, the four years run from the later of the demand or any payment of principal or interest.
A contract not in writing
A deal made in words or a handshake, or an account with no signed paper.
4 years
Suing on a contract, written or oral, or a note
- From
- The claim arising; when the time starts and what pauses it are not set out in this guide
The period for a contract, written or oral, or a note. On a note payable on demand, the four years run from the later of the demand or any payment of principal or interest.
A CLAIM AGAINST THE GOVERNMENT
A claim against a public body often has a step of its own before a lawsuit, and a shorter period for it. These are the ones the Pennsylvania guide carries, in the order they come. A body none of them names is not covered here yet.
Step 1
6 months
Notice of a claim against a government unit
- From
- The injury
A signed written statement is filed in the government unit's office within six months, and with the Attorney General when the action is against a Commonwealth agency; without it, an action begun more than six months after the injury is dismissed unless the court excuses the failure.
SMALL CLAIMS COURT
The limit in Pennsylvania
Up to $12,000
42 Pa.C.S. 1515 — the magisterial district judge, and claims up to $12,000
WHAT TO HAVE TOGETHER
Whoever looks at a claim, a lawyer, a legal aid office or a small claims clerk, works from the same handful of facts. These are the ones people are most often asked for, gathered in one place.
When and where it happened
The date, the time if you know it, and the place, as exactly as you can say it.
Who was involved
The person or business on the other side, and the name it uses on its papers or its sign.
What happened, in order
Written down while it is fresh, in your own words, with what was said.
What it cost
Bills, receipts, estimates, repair quotes, and days of work missed, each with its amount.
Photos and papers
Pictures of the place, the damage or the injury, and every letter, contract, receipt or email.
Witnesses
Who saw it, and a phone number or address for each.
Reports already made
A police or incident report, a claim number with an insurer, or a complaint to an agency.
Insurance
Your own policy, and any insurer for the other side that you have been told about.
Keep it in one place
A case keeps all of it together in your account: what happened and when, what it cost, the people involved, every photo and paper kept privately, and one folder ready to download or send to a lawyer.
MyRightz is legal education, not legal advice. Nothing here creates an attorney client relationship. Applying the law to a particular situation is the work of a licensed Pennsylvania attorney.