The death of an individual due to another party’s misconduct raises serious legal and ethical concerns. While emotionally taxing, you need to understand your procedural rights and obligations under Pennsylvania law.
Statutory deadlines strictly govern the timeframe in which a wrongful death claim may be filed. Failure to begin legal proceedings within this window generally results in the forfeiture of the right to pursue damages.
Time limit to file a claim
In Pennsylvania, you have two years from the date of death to file a wrongful death lawsuit. This countdown starts on the day your loved one passes away, not the date of the accident or injury. If you don’t file in time, the court will likely dismiss your case.
Who can file the lawsuit
Only certain people can bring a wrongful death claim. The right to file a wrongful death suit initially belongs to the personal representative of the decedent’s estate. If this individual fails to take legal action within six months, the right extends to certain surviving family members, typically including spouses, offspring, or parents. This procedural mechanism ensures that eligible parties can pursue recovery if the estate does not act.
What happens if you miss the deadline
Missing the two-year limit can block you from getting any compensation. Courts rarely allow exceptions, even for emotional reasons. In rare cases, like fraud or if the death wasn’t immediately known, the deadline might shift—but that’s not common. That’s why it’s important to act before time runs out.
Don’t wait to protect your rights
Time can pass quickly after a loss, and paperwork can pile up fast. Knowing how the statute of limitations works gives you a better chance to make informed decisions. Taking action sooner helps protect your rights and preserve any evidence that might support your case.
