Pennsylvania Wrongful Death Claims: Time Limits and the Discovery Rule
Wrongful death claims can provide families with compensation to replace the income lost when a negligent party caused the death of their loved one. Filing wrongful death claims can also help protect our families from being the victims of the same negligence and wrongdoing.
Pennsylvania’s Wrongful Death Act governs wrongful death claims filed in the state. The statutes dictate who can file a wrongful death claim and the compensation that the family may receive for a wrongful death claim. However, there is another essential piece of information that you need to know if you are considering filing a wrongful death lawsuit in Pennsylvania — the time limits for filing wrongful death lawsuits.
What is the Statute of Limitations for Filing Wrongful Death Lawsuits in Pennsylvania?
Each state sets deadlines for filing lawsuits for specific causes of action. The deadlines are called Statutes of Limitations. The deadline in Pennsylvania for filing a wrongful death lawsuit is generally two years from the person’s date of death. If you miss the deadline for filing a wrongful death lawsuit, your right to recover compensation may be barred.
The Statute of Limitation is the deadline for filing a wrongful death lawsuit. It is not the deadline to complete the case.
If a government entity is involved in the case, you may need to file a notice of claim to protect your right to file a lawsuit in the future. You could have just a few months to file the notice of claim. It is best to contact a Pennsylvania wrongful death lawyer as soon as possible if a government entity could be involved in your loved one’s death.
What is the Discovery Rule in a Wrongful Death Case?
In some wrongful death cases, there could be circumstances that extend the deadline to file a wrongful death lawsuit. There could be cases in which a family does not discover that their loved one’s death was caused by the negligence or wrongful acts of another party. In those cases, the discovery rule may apply.
The discovery rule states that the deadline for filing a wrongful death lawsuit may be extended if the party could not know about the cause of the death even after reasonable diligence was exercised. The discovery rule does not apply in every case, and it can be challenging to prove that a reasonable person would not have discovered the cause of death within the time to file a wrongful death lawsuit.
Should I Call a Pennsylvania Wrongful Death Lawyer for Help?
Yes, you should call our office to speak with a Pennsylvania wrongful death attorney if you have questions about a claim. Our attorneys have extensive experience handling wrongful death claims. Our legal team conducts an exhaustive investigation to determine the cause of your loved one’s death and identify the parties who contributed to the cause of death.
During the claims process, we treat the memory of your loved one and your family with respect. We understand that wrongful death cases can be an emotional and difficult experience. Our legal team works to make the process as stress-free and easy as possible for your family. We strive to meet your needs while we work diligently to recover the maximum compensation available for your claim.
Contact Pansini, Mezrow & Davis For a Free Consultation
We have a reputation in the legal community as being persistent advocates for our clients. Our attorneys are exceptional trial lawyers, in addition to talented negotiators. We will not give up fighting for your family until we exhaust all avenues to recover compensation for your damages and losses.
We are here to help you seek justice for your family. Call (215) 732-5555 to schedule a free consultation to discuss your injury case.