Philadelphia Wrongful Death Statute of Limitations

Each state has imposed filing time limits on virtually all personal injury claims to prevent the misplacement or destruction of necessary evidence and eliminate the prolonged threat of a future lawsuit.

These time limits, set by the statute of limitations, apply to claims built around minor to severe injuries as well as those involving a wrongful death caused by a negligent or criminal act. Because of this, it is crucial to take prompt legal action following a wrongful death.

Dealing with the loss of a loved one is challenging on its own, and having to navigate the legal system on top of it can be overwhelming. Fortunately, our seasoned legal professionals could help you understand and comply with the Philadelphia wrongful death statute of limitations. Contact a knowledgeable wrongful death attorney with Marrone Law Firm, LLC, today.

What Is the Deadline for Filing a Wrongful Death Claim?

The statute of limitations for almost all personal injury claims, including those centered around wrongful death, in Philadelphia is codified in 42 Pennsylvania Consolidated Statutes § 5524. According to this section of state law, no one can file a lawsuit against someone else over a negligent or wrongful act leading to an injury or death more than two years after their cause of action first accrued.

The accrual of a cause of action occurs when someone learns that they have suffered compensable harm, in this scenario being the premature death of a loved one as a direct result of another person’s actions.

The two-year filing period for a wrongful death claim in Philadelphia usually starts two years after the date the wrongful death occurred. A reliable lawyer could work with their client to collect documentation for a claim and ensure all filing is done within the required deadlines.

Are There Exceptions to the Statute of Limitations?

Courts do not make exceptions to the statute of limitations for wrongful death lawsuits in Philadelphia, and they will generally reject any claim filed after the deadline expires. This leaves the plaintiff who is pursuing the claim with no means of seeking civil compensation for that case.

However, if someone does not immediately discover that a loved one’s death stemmed directly from another person’s misconduct, the start of the two-year filing period may be tolled or paused until that date of discovery.

It is also worth noting that the statute of limitations only governs when someone must formally file suit over a wrongful death, and it has no bearing on how long the case may continue after the filing process begins. It is not uncommon for cases of this nature to stretch for several months after the statute expires and still conclude with an out-of-court settlement rather than a court verdict.

Reach Out to a Philadelphia Attorney for Questions About the Wrongful Death Statute of Limitations

Understanding how the statute of limitations applies to you is a vital first step toward successfully filing a lawsuit. Taking legal action over a loved one’s death is challenging enough without having to scramble to collect evidence and comply with court requirements within a strictly enforced deadline.

A diligent lawyer with Marrone Law Firm, LLC could help you stay within the Philadelphia wrongful death statute of limitations. Connect with our legal team today to speak with a compassionate personal injury attorney.