Kane, PA asked in Civil Litigation, Personal Injury and Wrongful Death for Pennsylvania

Q: How long to file civil suit for shooting injury in Pennsylvania?

How long do I have to file a civil suit against someone who shot me and left me paralyzed? The shooter claimed it was an accident, but it was proven in court that a 9 mm does not accidentally discharge. The incident occurred on March 3, 2022, and there was no contact with the shooter afterward. Charges were filed against her on May 24, 2023, for endangering the welfare of a person and firing a firearm in the borough. She was found guilty in a hearing held in December 2024, and we are currently awaiting sentencing.

1 Lawyer Answer

A: In Pennsylvania, the statute of limitations for filing a civil lawsuit for a personal injury—including a shooting injury—is two years from the date of the incident under 42 Pa. Cons. Stat. § 5524. Based on your case, where the injury occurred on March 3, 2022, the general deadline for filing a lawsuit would have been March 3, 2024. However, certain circumstances, such as the criminal trial that concluded in December 2024, could impact this timeline.

In some cases, courts may allow tolling (pausing) of the statute of limitations if a criminal case delays the victim’s ability to file a civil lawsuit. If the criminal proceedings provided new evidence that strengthens your case, this may be relevant in extending your right to file. Given these factors, it’s critical to consult an attorney immediately to determine if legal options are still available.

You may be entitled to compensation for medical expenses, long-term care, lost wages, and emotional distress through claims of negligence, assault, or battery against the shooter. If the shooting took place on someone else’s property and inadequate security or negligence played a role, a premises liability claim may also be possible. To fully understand your rights and the best legal path forward, visit https://www.ammonslaw.com/ to connect with experienced personal injury attorneys who can assess your case and guide you through the legal process.

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