As an accomplished Delaware County Personal Injury Attorney, clients often ask about the statute of limitations on personal injuries. Personal injury claims in all three jurisdictions where Gibson & Perkins practice (Pennsylvania, Delaware, and New Jersey) are governed by a two-year statute of limitations. You have two years from the date of the injury or accident to file your claim. This is also applicable to personal injury cases called a “statute of repose”. A statute of repose is applicable to construction based injuries, and improvements to real property.
In Pennsylvania, the statute of repose is 12 years from substantial completion of the project itself. If you’re walking down the street and something falls off the roof and hits you, and it’s been more than 12 years after that building was completed, then you’re out of luck. There is no products liability statute of repose in Pennsylvania.
In New Jersey, the statute of repose for construction is 10 years. A subcontractor only gets 10 years from the completion of that job. A general contractor is subject to the 10-year statute at the time of completion of that job. This is extremely important for large commercial properties that might take several years to finish the construction. There is no products liability statute of repose in New Jersey.
In Delaware, the time is quicker. It’s a six-year statute of repose for construction defects and they do not have a statute of repose for products liability. This means you must act quickly if you’ve been injured in an accident.
Do you have further questions about personal injury statute of limitations? Contact experienced Delaware County Personal Injury Attorney Patrick Gibson.
This educational blog was brought to you by experienced Delaware County Personal Injury Attorney Patrick K. Gibson. Our law firm proudly represents personal injury clients throughout Delaware County, as well as Pennsylvania, the greater Philadelphia area, Delaware and New Jersey