Blog

Are there any time limitations for pursuing legal actions after Philadelphia personal injury accidents, wrongful deaths and medical malpractice cases? 

Experienced Allentown lawyer answers all questions and presents examples of time limitations and discovery rules in various cases. 

Potential plaintiffs cannot pursue legal actions indefinitely after losing loved ones in Allentown wrongful death accidents, sustaining injuries in Allentown personal injury cases, or suffering from medical errors. It is extremely important to know your rights and the legal requirements to be aware of what steps you should take to seek justice and compensation from liable parties. Statutes of limitations impose strict deadlines for filing lawsuits, and missing these deadlines can result in losing your right to pursue legal action altogether. Our experienced and knowledgeable lawyer, Matthew Trapani, will explain all deadlines and expiration dates, emphasizing the importance of tracking them to ensure you do not miss your opportunity to seek justice. Understanding these legal timeframes is crucial for preserving your ability to hold the responsible parties accountable and obtain the compensation you deserve.

Time is Crucial in Law – Don’t Hesitate

There are many misconceptions and misunderstandings of laws surrounding wrongful death, personal injury, and Philadelphia medical malpractice lawsuits. Matt Trapani has gained his expertise through years of working with various cases in Philadelphia, Allentown, Lehigh Valley, and neighboring areas. His knowledge is current, and he continually updates his understanding to provide the highest quality of guidance and legal expertise to his clients. Lehigh Valley personal injury lawsuits are complex and demand extensive paperwork, thorough investigation, gathering evidence, securing expert testimonies, and exploring all legal options. That is why it is the wisest idea not to wait until the last minute of the statutory period to file a claim. It takes time to gather expert testimonies, explore all legal options, and preserve evidence of liability to hold the responsible party accountable for your losses. Matt’s extensive experience and dedication ensure that you receive the best possible representation, giving you the best chance to secure justice and compensation for your suffering.

Crucial Definitions in Legal Dictionary 

Let’s clarify the basic terms every plaintiff should know before filing any Allentown lawsuit

Let’s focus on deadlines and expiration dates. Understanding these timelines is crucial for preserving your right to pursue legal action. Let’s start by delving into the complicated legal definitions by clarifying the most important terms: Statute of Limitations and Discovery Rule.

Statute of Limitations: This is the legal time limit within which you must file a lawsuit after an injury or wrongful act. If you do not file your claim within this period, you may lose your right to seek compensation. It typically allows plaintiffs to file a claim within two years from the devastating accident. However, in some cases the Statute of Limitations may be extended due to the Discovery Rule. 

Discovery Rule: This legal principle can extend the Statute of Limitations. It states that the clock starts ticking not at the time of the injury or wrongful act, but when the injury is discovered or reasonably should have been discovered. According to the Discovery Rule, plaintiffs have for example two years from discovering the injury or liability of the accident to pursue the legal action. 

Examples of the Statute of Limitations and Discovery Rule in Various Philadelphia Legal Cases

Let’s learn how it works in reality! Our experienced Allentown personal injury attorney will explain how the Statute of Limitations and Discovery Rule look like in certain cases like medical malpractice, misdiagnosis cases, workplace or premises liability accidents, car and truck accidents and Allentown wrongful death cases. 

If you have suffered any harm or hardship due to another party’s negligence or intentional misconduct, learn your rights, requirements and criterias to meet and consider before filing any lawsuit. Here are some scenarios of cases when time is crucial for those injured and holding liable parties accountable for their losses. 

Statute of Limitations and Discovery Rule in Allentown Personal Injury Cases

In Philadelphia, as well as the rest of Pennsylvania, the statute of limitations for personal injury cases is generally two years from the date of the injury. This includes cases such as vehicle accidents, workplace accidents, product liability, and premises liability. This means that if you suffer an injury due to someone else’s negligence or wrongful act, you typically have two years from the date of the incident to file a lawsuit. If you fail to file within this time frame, you may lose your right to seek compensation through the courts.

However, not every Philadelphia personal injury accident has immediately visible liability. In many cases, the injury or another party’s liability may not be discovered until well after the accident. For instance, some injuries may have delayed symptoms, or the negligence of another party might only become apparent through a thorough investigation.

Discovering Injury or Liability After Years from the Accident 

There are cases where plaintiffs in Philadelphia discover their injury or another party’s liability later than two years after the accident. This can happen in situations involving:

• Delayed-Onset Injuries after Vehicle Accidents: After a vehicle accident, a victim might initially feel fine and not seek medical attention. However, over time, they could develop chronic pain or other symptoms related to soft tissue injuries, spinal injuries, or traumatic brain injuries. For instance, a minor neck pain from a whiplash injury might progressively worsen, and only through later medical examinations is it discovered that there was significant damage that necessitates extensive treatment. Additionally, if a vehicle defect (like a faulty airbag) contributed to the injury but wasn’t initially identified, the defect’s impact might only be revealed through later investigation or recall notices.
• Toxic Exposure and Pollutants: Exposure to harmful substances, such as asbestos, polluted water, PFAS chemicals or other cancerogenic materials, might result in health issues that only manifest many years after the initial exposure. Many class actions were filed after years from the initial chemical exposure, water, air or soil pollution against the companies or industries over discovering the hazardous influence on citizens’ health. 
• Allentown Product Liability – Defective Products: The harmful effects of a defective product might not become evident until long after the product has been used, such as a faulty medical device that deteriorates over time.
• Occupational Diseases: In a workplace setting, employees may be exposed to hazardous materials or conditions that do not cause immediate health problems but lead to serious illnesses over time. For example, an employee working with asbestos might not develop symptoms of mesothelioma or other asbestos-related diseases until many years after the initial exposure. 
• Philadelphia Premises Liability – Structural Defects: A tenant or homeowner might suffer from health issues due to mold growth in their residence, which can develop slowly and might not be immediately noticeable. If the property owner or landlord failed to address a water leak that led to mold growth, the tenant might not link their respiratory problems or other health issues to the mold until years later. 

 

In such cases, the Philadelphia personal injury discovery rule can apply, allowing the statute of limitations to start when the injury or liability is discovered or reasonably should have been discovered, rather than at the time of the accident. This principle helps ensure that victims can seek justice even if the harm they suffered or the responsible party’s negligence isn’t immediately apparent.

Statute of Limitations and Discovery Rule in Allentown Medical Malpractice Lawsuits

 

In Pennsylvania, the statute of limitations for medical malpractice cases, including stroke misdiagnosis, cancer misdiagnosis, chemotherapy overdose, medication and anesthesia errors, delayed treatment, and surgical errors, is generally two years from the date the medical error occurred. This means that if you suffer harm due to a medical professional’s negligence, you typically have two years from the date of the incident to file a lawsuit. If you do not file within this period, you may lose your right to seek compensation.

 

Sadly, not every Allentown medical malpractice injury has immediately visible liability. There are indeed cases where the injury or another party’s liability is discovered more than two years after the medical procedure, treatment, or diagnosis. Here are some scenarios:

Examples of Delayed Discovery in Allentown Medical Malpractice Cases

1. Stroke Misdiagnosis: A patient may experience minor symptoms initially misattributed to less serious conditions. The true severity and the initial misdiagnosis might only be recognized later when more serious complications arise.
2. Cancer Misdiagnosis: A patient might be initially diagnosed with a benign condition when in reality, they have cancer. The error may only come to light after the cancer progresses, and symptoms become more pronounced, leading to further tests and the correct diagnosis.
3. Chemotherapy Overdose: The adverse effects of a chemotherapy overdose might not be immediately apparent. Long-term damage to organs or severe side effects might develop gradually, becoming noticeable only well after the treatment has concluded.
4. Medication and Anesthesia Errors: Errors involving medication or anesthesia might lead to conditions that manifest over time. For example, neurological damage from anesthesia might only become evident as the patient recovers and starts noticing cognitive or motor function issues.
5. Delayed Treatment: In cases where treatment is delayed, the worsening of a condition might not be immediately attributable to the delay. The connection might only be made after the patient’s condition deteriorates significantly, prompting a review of their medical history and the timing of interventions.
6. Surgical Errors: Complications from surgical errors, such as infections or internal damage, might develop slowly. A patient might experience symptoms that gradually worsen, leading to the discovery of the surgical error well after the procedure.

Importance of the Discovery Rule in Philadelphia Medical Malpractice 

In these situations, the Philadelphia medical malpractice discovery rule is critical. It allows the statute of limitations to start when the injury or the negligence causing it is discovered, or reasonably should have been discovered, rather than from the date of the medical procedure or treatment. This ensures that patients who suffer from delayed recognition of medical errors still have the opportunity to seek justice and compensation for their injuries.

The Statute of Limitations and Discovery Rule in Philadelphia Birth Injury 

 

In Allentown, Pennsylvania, the statute of limitations for birth injury cases is typically two years from the date of the injury. However, there is an exception for cases involving birth injuries to minors. 

If the Philadelphia birth injury or liability in a birth injury case was not evident immediately, there are cases where parents discover the injuries resulting from preventable birth injuries medical malpractice (for example from delayed C-section, improper use of labor induction, misdiagnosis of fetal and maternal conditions, failure to address and treat arising issues during the labor etc.) after more than two years. Here are examples of such cases:

1. Delayed C-Section: A mother might experience complications during labor that indicate the need for an emergency C-section. However, if medical professionals fail to perform the C-section promptly, the baby could suffer oxygen deprivation, leading to brain damage or cerebral palsy. The full extent of the injury might not become apparent until the child misses developmental milestones or exhibits cognitive impairments in early childhood.
2. Improper Use of Induction of Labor: Inducing labor before the baby is fully developed or without medical necessity can increase the risk of birth injuries. If medical professionals induce labor prematurely and the baby suffers complications such as hypoxic-ischemic encephalopathy (HIE), the consequences might not be immediately evident. Parents might only discover the injury when the child fails to reach developmental milestones or experiences seizures or developmental delays.
3. Premature and Preterm Labor: Babies born prematurely are at higher risk of complications such as respiratory distress syndrome, brain hemorrhages, and developmental delays. While some issues may be apparent shortly after birth, others, like cognitive impairments or learning disabilities, may only become noticeable as the child grows older and starts school.
4. Misdiagnosis of Fetal and Maternal Conditions: If medical professionals fail to diagnose and treat fetal or maternal conditions that could complicate labor and delivery, the consequences may not be immediately apparent. For example, if a maternal infection goes undiagnosed and untreated, it could lead to brain damage or other injuries in the baby. Parents might only become aware of the misdiagnosis and its consequences when their child starts exhibiting health issues or developmental delays.

In these cases, the discovery of the Allentown birth injury and its connection to medical malpractice may occur well after the two-year statute of limitations has passed. The Allentown birth injury discovery rule may apply, allowing the statute of limitations to start when the injury or negligence causing it is discovered, or reasonably should have been discovered, rather than from the date of the birth. This ensures that parents have the opportunity to seek justice for their child’s injuries, even if they are not immediately evident.

The Statute of Limitations and Discovery Rule in Philadelphia Wrongful Death Cases

In Allentown, Pennsylvania, as well as the rest of the state, the statute of limitations for wrongful death cases is generally two years from the date of the deceased person’s death. This means that the surviving family members typically have two years from the date of the death to file a wrongful death lawsuit. It’s important to note that this time frame can vary depending on the circumstances of the case and any applicable legal exceptions, so consulting with a qualified Philadelphia wrongful death attorney is advisable to ensure compliance with the statute of limitations.

 

If the cause of an Allentown wrongful death or liability for the sudden, premature, and preventable death was not evident immediately, there are cases where deceased survivors discover the premature wrongful death resulting from preventable accidents and the liability in Allentown wrongful death became apparent after more than two years. Here are examples of such cases:

1. Workplace Accident: Suppose an individual dies in a Philadelphia workplace accident due to faulty equipment or unsafe working conditions. The cause of the accident may not be immediately evident, and it could take time for investigators to uncover the negligence or misconduct of the employer or another party responsible for maintaining a safe work environment.
2. Car Accident: In cases where a loved one dies in a Philadelphia fatal car accident caused by another driver’s negligence, the full extent of the liable party’s actions and responsibility might not be immediately apparent. It could take time for a thorough investigation, including gathering witness statements, analyzing accident reconstruction reports, and assessing any potential defects in vehicles involved, to uncover the liability.
3. Medical Malpractice: If a Philadelphia wrongful death occurs due to medical malpractice, such as a misdiagnosis, surgical error, or medication overdose, the cause of death and liability may not be immediately evident. It could take time for surviving family members to obtain medical records, consult with experts, and uncover evidence of negligence or misconduct on the part of healthcare providers.
4. Product Liability: A Philadelphia wrongful death resulting from a defective product, such as a faulty appliance or hazardous consumer goods, may not immediately reveal the liability of the manufacturer or distributor. It might take time for investigations, product recalls, or similar incidents to surface, indicating that the death was preventable and caused by the product’s defect.

In these cases, the discovery of the cause of Allentown wrongful death and liability may occur well after the two-year statute of limitations has passed. The discovery rule may apply, allowing the statute of limitations to start when the cause of death or negligence causing it is discovered, or reasonably should have been discovered, rather than from the date of death. This ensures that surviving family members have the opportunity to seek justice for their loved one’s wrongful death, even if the cause was not immediately evident.

What to Do After Discovering the Injury or Liability after the Statute of Limitations Expired?

The wisest course of action after being injured or losing a loved one due to another party’s negligence is to consult the details of your case with an experienced personal injury lawyer. Experienced Philadelphia personal injury attorney will guide you through the legal requirements and dispel your doubts during personal consultation focused on your losses, experiences and injuries. 

 

Are you struggling with financial problems that prevent you from consulting a lawyer? See what we do to make our services and guidance available, affordable and inclusive.

 

If you are concerned about the high cost of legal consultation, remember that the Trapani Law Firm works on a contingency fee basis, meaning you pay nothing upfront and only owe legal fees if we win your case. In addition to this, we offer free initial consultations. Our mission is to be accessible and affordable because we deeply believe that all wronged people deserve justice. We are truly committed and dedicated to helping victims regain balance and joy in life after devastating experiences such as Philadelphia wrongful death, Allentown medical malpractice, stroke misdiagnosis, cancer misdiagnosis or personal injury accidents, car accidents, truck accidents, workplace accidents, motorcycle accidents, fire accidents among others. 

Contact us immediately! We provide guidance, emotional support and legal expertise. We will work tirelessly on your behalf from initiation to the resolution! Don’t hesitate! Schedule the first free consultation at the hospital, in your place, in one of our offices or online via WhatsApp, Messenger, Zoom, FaceTime or on the phone! Our Trapani Law Firm’s attorneys are available 24/7.

Last Updated on June 8, 2024