It seems every rule of law is subject to an exception, and statutes of limitation are no different. While statutes of limitation are usually enforced strictly, under certain circumstances the statute of limitations for bringing a civil claim will be “tolled”, in other words, prevented from running against a claimant.
In Pennsylvania, the statute of limitations for most personal injury claims is two years from the date of the event giving rise to the injury. If you are hurt in a car accident, you must bring your claim within two years following the date of the accident. Defamation claims, such as libel and slander, are subject to a shorter one year statute of limitations. Cases for breach of contract are generally subject to a four year statute of limitations from the date of the breach.
One exception which can extend these statutes of limitation is minority. If the claimant is not an adult, the statute of limitations generally will not begin to run until the claimant becomes an adult.
Another exception which can extend the running of the statute of limitations is where the party against whom you are claiming intentionally prevents you from becoming aware of facts giving rise to your claim. For example, if you are defrauded, where the wrongdoer conceals information from you to prevent you from discovering his misdeed, the statute of limitations will not begin to run on the claim until such time as you have had a reasonable opportunity to discover the facts giving rise to your claim. It is up to the claimant to prove concealment.
In negligence cases, particularly in the medical malpractice area, the “discovery rule” sometimes causes the statute of limitations to be extended where the claimant’s injuries could not reasonably be discovered at the time medical service was rendered. The best example of this would be the surgeon leaving a medical instrument or device inside the patient which is later discovered on an x-ray. These cases are rare but they do occur.
The safest course is to assume that the normal statute of limitations will apply; exceptions to these rules are rare and courts are not quick to apply them. Stated differently, our courts favor the prompt resolution of civil disputes and view late claims critically.
— Kevin Palmer