Pennsylvania Wrongful Death Statute of Limitations

Losing a loved one before their time is a tragedy. If you lost a loved one to a truck accident, a severe injury, a deadly workplace accident, poor medical care, or another event, you may be entitled to file a wrongful death suit.

Winning one of these lawsuits may entitle you to compensation, including recovering funeral and burial costs, your loved one’s lost paychecks, any lost inheritances, and other damages that can help support your family after your loss. However, you do not have unlimited time to file a wrongful death lawsuit. The statute of limitations sets a strict time limit for filing your claims, but the time limit is not always the same in every case.

Start your case with a free legal review from our Pennsylvania wrongful death lawyers by calling The Reiff Law Firm at (215) 709-6940.

What is the Wrongful Death Statute of Limitations in Pennsylvania?

In Pennsylvania, the statute of limitations for wrongful death claims is typically 2 years from the date of death. However, numerous circumstances may affect when the limitation period begins, and you should review your case with a lawyer as soon as possible.

How Much Time You Have to Sue

You Have Two Years from the date of the wrongful death to file a wrongful death lawsuit in Pennsylvania. It is important to note that it is not the date of the injury. Your loved one could have been hurt in an accident and died months later. The date of the accident has no impact on the deadline to file a wrongful death claim.

Pennsylvania has strict deadlines on every type of case. Both criminal and civil cases carry “statutes of limitations,” which leave only a limited window of time to file any case. For most civil lawsuits, the deadline to file is within two years of the date of injury.

Wrongful Death and Survival Actions

In the case of a lost loved one, there are actually two separate legal cases you can file together. The first is a “wrongful death” action to recover financial harm from losing a loved one. The second is a “survival” action, where you sue for any injuries the deceased would have been able to sue for, had they survived the accident. Both of these cases carry the same two-year deadline to file.

How the Statute of Limitations Works in Wrongful Death Cases

The two-year deadline is merely a deadline to file your case. This does not mean your case must be completed by that date, but it does mean it must be filed with a court. You are allowed more time after filing to investigate your claim, trade evidence with the other side, take depositions, and actually try the case in court. Our Philadelphia wrongful death attorneys can guide you through this process, from filing to completing the case.

The Purpose of Pennsylvania’s Wrongful Death Statute of Limitations

If you file your case too late, you may be blocked from recovery. Statutes of limitations are meant to allow a reasonable time period for filing. The sooner you contact an Allentown wrongful death lawyer about your case, the more time they will have to investigate and work on it. Much of this can be done in the background while you handle the changes in your life.

Preventing Old or Remote Claims

There are several common-sense reasons why filing deadlines exist. One of the primary reasons is to protect potential defendants from being unfairly sued for conduct that happened years ago. While this might seem unfair to someone who lost a loved one, the fact is that relevant evidence is likely unavailable after many years have passed. The lack of evidence or incomplete evidence could hinder a person’s defense or render a plaintiff’s case unwinnable. The statute of limitations is designed to protect both parties.

Lost or Unreliable Evidence

Another concern is that the testimony of any witnesses to the injury or accident, especially if they did not provide a statement at the time of the incident, is unreliable. As time goes by, people’s memories fade. When evidence is old, remote, or weak, trying a case becomes extremely difficult for all parties involved.

Complete Defense for Defendants

If your case is filed too late, the defendant may be able to raise the statute of limitations as a complete defense. Even if the defendant was negligent and caused your loved one’s death, the court cannot hold them legally accountable if your case is filed too late. The defendant can point to the statute of limitations and block your claims entirely in many cases.

Does The Statute of Limitations for Personal Injury Cases Impact a Pennsylvania Wrongful Death Claim?

Personal injuries and wrongful death claims may significantly overlap. Often, victims of wrongful death have various personal injuries for which they could have sued if they survived. Even so, wrongful death claims are not governed by the statute of limitations for wrongful death claims.

How Personal Injuries and Wrongful Deaths May Overlap

Every wrongful death case is unique. Some arise from an accident that results in the immediate death of your loved one. Other cases involve deaths that occur weeks, months, or years after the initial accident. It is not uncommon for an injured person to have grounds for a personal injury claim only to succumb to their injuries while the case was pending or after it was settled.

Separate Statutes of Limitation

When this is the situation, there are separate statute of limitations deadlines for each action. It is important to remember that, even if the claims arise from the same incident, the deadlines are not the same and do not affect each other.

For example, if your spouse is injured in a car accident caused by a drunk driver, they have two years to file a personal injury claim. Should they allow the two years to pass without taking any action, their claim will be barred by the statute of limitations. However, if your spouse passes away because of their injuries, you would have two years from the date of their death to file a wrongful death claim. Missing the personal injury deadline does not affect the present case.

Extending the Statute of Limitations in a Pennsylvania Wrongful Death Lawsuit

In some cases, you may be entitled to an extension. This is usually due to various effects that “toll” or pause the statute of limitations. During a tolling period, the limitation period is suspended and resumes once the cause of tolling ends. However, the circumstances that justify tolling the statute of limitations are rare.

Plaintiffs Who Are Minors

First, you may be entitled to toll the statute of limitations because of “infancy.” If you are under the age of 18 when the cause of action arises, you may be able to pause the clock. However, since there are often others entitled to bring a wrongful death statute, i.e., the other members of the family, this may not help.

Fraudulent Concealment

If the defendants controlled the evidence that the death was due to their negligence, any attempts to hide the evidence may mean extending the deadline. If the defendant lied to hide the fact that the death was their fault, passing it off as an accident instead, you may be entitled to an extension. This “fraudulent concealment” can occur in a medical malpractice death case if the hospital tells you a different cause of death.

Discovery Rule

The last potential way to toll the statute of limitations is also most common in medical malpractice cases. Even with no affirmative lie, you may not be able to tell that malpractice caused the death. You can often extend the deadline to begin when you discover the cause of death was malpractice.

Do Not Hesitate to File a Wrongful Death Claim in Pennsylvania

You should always talk to an attorney when you are considering filing a wrongful death suit. Because the statute of limitations can completely block your case, it is vital to file on time.

Maximizing the Time Your Lawyer Has to Prepare

In addition to wanting to ensure your case is heard in court, you want to allow your attorney the time necessary to build your case. Delaying filing your case will cost you valuable time. Wrongful death claims offer many challenges, especially if the initial injury occurred months or years before your loved one succumbed to their injuries.

Time for Gathering Evidence

Just like any other personal injury lawsuit, a wrongful death claim or survivor action is only as strong as the available evidence. If you hesitate to contact an attorney, vital evidence could be lost, or our Pennsylvania wrongful death attorneys might not be able to locate key witnesses. Furthermore, any witnesses we do contact might not have a firm recollection of the incident.

How Soon Should I Contact a Lawyer?

In situations where the time between the death and the accident is already long, any additional delays make it more challenging to build a compelling case. Whether you believe you have grounds for a wrongful death claim or a survivor’s action, you should contact our Pennsylvania wrongful death lawyers as soon as possible.

FAQs About the Statute of Limitations for Pennsylvania Wrongful Death Cases

What is the Statute of Limitations in Pennsylvania Wrongful Death Cases?

The statute of limitations for wrongful death cases in Pennsylvania is only 2 years. This is a very short period of time in which a plaintiff has to mourn their loved one before finding a lawyer and taking legal action. Lawsuits often take a long time to prepare, and the sooner you hire a lawyer, the better.

When Does the Statute of Limitations Begin in Wrongful Death Cases?

The statute of limitations begins on the date that your loved one passes away. For some, this might be the same day that they are injured. For others, the victim might not pass away for several days, weeks, or even months after their initial injuries.

How Can I Get More Time Than the Statute of Limitations Allows for Wrongful Death Cases?

It may be possible to have the statute of limitations tolled, thereby extending your time to sue, but only under specific conditions. Common tolling examples include minors who cannot sue for wrongful death until they are 18, or those who cannot sue because they have a mental condition that prevents them from understanding their rights.

Does the Statute of Limitations Apply to Settlements in Wrongful Death Cases?

Not necessarily. You and the defendant may work out a settlement at almost any time before a jury renders a final verdict. However, if the statute of limitations has ended, the defendant may have little incentive to offer a settlement since you can no longer take them to court. Many plaintiffs file their lawsuits before entering settlement negotiations so that the case is ready and filed if negotiations break down.

How Soon Should I Contact a Lawyer About My Loved One’s Wrongful Death?

You should contact a lawyer about your case as soon as possible. If your loved one has passed away and you believe the conditions of their passing were wrongful, call a lawyer immediately. Even if your loved one has not passed away, but they are seriously injured, call a lawyer now. Hopefully, they will recover from their injuries, and the lawyer can help them obtain compensation. If not, the attorney should be ready to file a wrongful death case.

What Should I Do if the Statute of Limitations Closes Before I File My Wrongful Death Case?

If your time to file has closed and you have not yet filed your wrongful death lawsuit, speak to an attorney immediately. You might have the option of tolling the statute, and your attorney can help you determine what your other legal options might be.

Experienced Pennsylvania Wrongful Death Lawyers That Will Help You

Call our Philadelphia personal injury lawyers at the Reiff Law Firm at (215) 709-6940 for a free, confidential legal evaluation.