Understandably, most people who find themselves in a position to file a wrongful death lawsuit want to get through the legal process as quickly as possible. In practice, building a strong claim that’ll result in you and your family members getting the restitution you deserve can be hard and time-consuming work. Thanks to a particular rule set by Pennsylvania law, you don’t have unlimited time to start this type of claim.
The Bensalem wrongful death statute of limitations is one of the biggest legal roadblocks that gets in the way of people trying to sue by themselves over a loved one’s death. If you want to avoid this problem while also giving yourself the best possible chances of case success, you want a winning wrongful death lawyer on your side sooner rather than later.
What Is the Standard Deadline for a Wrongful Death Claim?
42 Pennsylvania Consolidated Statutes § 5524 establishes the statute of limitations for almost all types of personal injury litigation, including Bensalem wrongful death claims. Under this statute, no one is allowed to start a personal injury lawsuit of any kind more than two years after the moment they first had a cause of action to sue.
Importantly, the cause of action for a wrongful death claim is the actual death itself, not the injury that eventually led to that death. As a result, the two-year filing period for wrongful death claims starts from the date of the deceased person’s death and not necessarily the date on which their ultimately fatal accident occurred. As a knowledgeable attorney can explain, this is a notable difference from how standard personal injury claims work and one that often trips up people who pursue claims like this without legal representation by their side.
Possible Extensions to the Filing Deadline
While there aren’t any exceptions to the wrongful death statute of limitations in Bensalem, in a few scenarios, the standard two-year filing period may be extended to some extent. For example, if it didn’t become clear that a loved one’s death happened due to someone else’s negligence until months or even years after their date of the death, the discovery rule may allow you to extend the filing period for a wrongful death claim by however long it took you to discover the actual cause of the death in question.
Likewise, if you didn’t discover that someone else’s wrongful act was the direct cause of a death specifically because that other person engaged in illegal fraud to conceal their actions, you can extend the statutory filing period to account for that delay. In both these scenarios and others like them, you want help from a seasoned lawyer to prove to the court that you have valid grounds for an extension.
A Bensalem Attorney Can Help You Sue Within the Wrongful Death Statute of Limitations
The Bensalem wrongful death statute of limitations isn’t something the court is generally willing to budge on, and it is something that could prevent you from getting any civil compensation at all if you fail to comply with it. Fortunately, you have help available from respected legal professionals with building a comprehensive claim within the deadline applicable to your specific case.
A conversation with a skilled wrongful death lawyer could provide answers to important questions about your legal options and guidance about what steps you should take to protect your family’s rights. Call today to get started.
