How Long Do You Have to File a Wrongful Death Claim in Pennsylvania?

Losing a loved one due to someone else’s negligence is a devastating experience, and pursuing legal action might feel overwhelming. However, if you believe a wrongful death claim is appropriate, it’s crucial to understand the timeline for filing the lawsuit in Pennsylvania. The state’s statute of limitations establishes a specific period in which legal action can be taken, and failing to meet this deadline could mean losing your right to seek compensation.

What Is a Wrongful Death Claim?

A wrongful death claim allows the surviving family members of a deceased person to seek compensation if that person died as a result of another party’s wrongful or negligent actions. These claims are common in situations involving car accidents, medical malpractice, workplace accidents, and more. The goal is to hold the responsible party accountable and provide financial relief for the family’s loss.

Pennsylvania’s Statute of Limitations for Wrongful Death

In Pennsylvania, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the individual’s death. This means you have two years to initiate legal proceedings against the responsible party or parties. If you do not file the claim within this timeframe, you may be barred from pursuing the case in court.

This time limit is important for several reasons. It ensures that claims are made while the evidence is still available, and it prevents the filing of lawsuits long after the events in question, which can be difficult to defend against.

Exceptions to the Two-Year Rule

While the two-year statute of limitations is the standard rule, there are a few exceptions that may extend or toll the deadline. Some of these exceptions include:

Discovery of the Cause of Death: In certain cases, the cause of death may not be immediately apparent. For example, if the death was caused by exposure to toxic substances or medical malpractice that went unnoticed, the clock may not start ticking until the family discovers the cause. This is known as the “discovery rule,” and it can delay the start of the two-year period.
Minor Children: If the deceased person left behind minor children, the statute of limitations may be tolled until the child reaches the age of majority, which is 18. In such cases, a legal guardian or representative may need to file the claim on behalf of the minor.
Defendant’s Absence: If the person responsible for the death is out of state or otherwise unreachable, the statute of limitations may be extended until they return or can be served with legal papers.
Estate Administration: If there are delays in the administration of the decedent’s estate, it may impact the timeline for filing the wrongful death claim. The estate administrator may need to wait for probate proceedings to be completed before initiating the lawsuit.

Why It’s Critical to Act Quickly

While the statute of limitations provides a window for filing a wrongful death claim, it’s always best to begin the legal process as soon as possible. Here are a few reasons why acting quickly is crucial:

Preservation of Evidence: Over time, evidence may be lost or deteriorate. Witnesses may move away or forget important details. If you wait too long to file, critical evidence could be lost, weakening your case.
Emotional and Financial Relief: The legal process can take time, and the sooner you begin, the sooner you may be able to secure compensation for funeral expenses, medical bills, lost wages, and emotional distress.
Preventing Dismissal: If you miss the statute of limitations, your case may be dismissed outright, no matter how strong your claim is. This means you would lose the opportunity to pursue compensation, leaving you with no legal recourse.
Statutory Deadlines for Specific Cases: In certain wrongful death cases, such as those involving government entities or specific types of negligence (like medical malpractice), there may be shorter deadlines. In these cases, a missed deadline can be especially damaging.

Who Can File a Wrongful Death Claim in Pennsylvania?

In Pennsylvania, the personal representative of the deceased person’s estate is typically the one who files the wrongful death claim. This individual may be a family member, friend, or lawyer who has been appointed to handle the deceased’s affairs. However, the surviving family members who may benefit from the compensation include:

Spouse
Children
Parents
Siblings (in some cases)

The damages awarded in a wrongful death lawsuit can go to the estate, but they are typically distributed to the family members based on their relationship to the deceased. These damages might include compensation for funeral expenses, lost income, pain and suffering, and other financial impacts caused by the death.

The Importance of Hiring an Experienced Attorney

Navigating the legal complexities of a wrongful death claim can be challenging. An experienced personal injury attorney can guide you through the process, ensuring that the claim is filed on time and that all necessary documentation is prepared. They can help investigate the circumstances of the death, gather evidence, interview witnesses, and negotiate with insurance companies.

Additionally, a lawyer can help ensure that the full extent of your losses is accounted for and that the responsible parties are held accountable for their actions.

Conclusion

Understanding Pennsylvania’s statute of limitations for wrongful death claims is critical for anyone considering legal action. The two-year period for filing the lawsuit begins on the date of death, but there are exceptions that can extend this timeline. However, the longer you wait, the more difficult it may be to gather evidence and pursue justice.

If you have lost a loved one due to the negligence or wrongful actions of another party, contact a personal injury attorney to discuss your options and ensure that you meet the necessary deadlines to protect your rights. They can help you take the next steps in pursuing the compensation your family deserves.