Every state in the US has its own laws when it comes to the time limit for filing a civil or criminal lawsuit. In this article, we will focus on the Pennsylvania Statute of Limitations, which outlines the duration for filing civil or criminal cases.
Types of Civil Cases
Pennsylvania law provides a time limit for all types of civil cases. These cases can include personal injury claims, breach of contract, libel or slander, professional malpractice, trespass, collection of rent, and lawsuits for collection of debt.
The time limit for pursuing a civil claim starts from the day of the incident. It can also vary depending on the type of case.
For instance, if you want to file a lawsuit for an injury to personal property, the limitation period is two years. For professional malpractice cases, it is two years from the date of discovery.
Time Limits for Filing Civil Cases
The statute of limitations for filing a lawsuit is a deadline within which an individual must initiate legal proceedings or face dismissal of their case. In Pennsylvania, most civil cases have a limitation period of two years, which means you must file your lawsuit within this time frame.
However, some cases have different rules, such as the discovery rule, which allows you to file a claim after the time limit has passed if a reasonable person would not have discovered the injury at the time of the incident.
Specific Statutes of Limitations for Civil Cases
The time limit for filing a lawsuit in Pennsylvania varies depending on the type of case. For instance, the time limit for a breach of contract claim is four years after the date of the breach.
For libel or slander claims, it is one year from the date of publication. A tort claim, on the other hand, has a two-year limitation period.
These limitation periods can be extended or suspended under certain conditions, such as if the defendant is out of state, if the plaintiff is a minor, or if the plaintiff is mentally incapacitated.
Types of Criminal Cases
Pennsylvania Statute of Limitations also applies to criminal cases. Criminal charges can range from felonies to misdemeanors.
Felonies are more severe crimes, such as murder, theft, rape, or drug trafficking, while misdemeanors are lesser crimes, such as traffic violations or simple assault.
Time Limits for Filing Criminal Cases
The statute of limitations for criminal cases varies depending on the type of crime. For instance, there is no statute of limitations for murder cases, meaning that a prosecutor can file charges against a suspect at any time after the crime has been committed.
For other felonies, the limitation period depends on the severity of the crime, and it ranges from five to twelve years. Misdemeanor cases have a two-year limitation period from the date of the incident.
Specific Statutes of Limitations for Criminal Cases
In Pennsylvania, some notable examples of felonies with limitation periods include forgery and burglary, with a five-year limitation, kidnapping, and arson, with a twelve-year limitation. Additionally, acts like fleeing the state, concealment of evidence, or lying to a law enforcement officer can extend or suspend the limitation period.
However, the law states that if enough evidence is gathered against a suspect to prosecute them, the statute of limitations will be tolled, and the prosecution can proceed at any time after the discovery of the evidence.
Conclusion
In conclusion, understanding the Pennsylvania Statute of Limitations is vital when pursuing a civil or criminal case. The specific limitation period for each type of claim can vary, and individuals pursuing such cases must be aware of the time limit for filing their claims.
The law provides options for filing a lawsuit after the limitation period has passed, such as the discovery rule or if the defendant is out of state. In criminal cases, the statute of limitations is lengthy or non-existent, depending on the severity of the crime.
Therefore, it’s essential to seek legal advice and act promptly when initiating a lawsuit or filing criminal charges. The Pennsylvania Statute of Limitations outlines the time limit for filing civil and criminal cases.
Civil cases such as personal injury claims, breach of contract, libel or slander, professional malpractice, trespass, collection of rent, and collection of debt have a limitation period of two years. The time limit for criminal cases varies depending on the type of crime, but there is no statute of limitations for murder cases.
It’s essential to seek legal advice and act promptly when initiating a lawsuit or filing criminal charges as acting too late can often result in the dismissal of a case.