In order to make sure relevant evidence remains available and to prevent potential defendants from having the threat of a lawsuit hanging over their heads forever, Pennsylvania law sets filing time limits for all types of injury claims. Failing to start a claim within the deadline set by the applicable statute of limitations will usually lead to your claim being thrown out of court for being time-barred, leaving you with no way to legally demand civil compensation for that injury ever again.
Lawsuits and settlement proposals based on a family member’s premature death also have a deadline of this nature, but as an experienced wrongful death lawyer can further explain, the deadline works differently here than it does for standard personal injury claims. Here is a basic primer on what the York wrongful death statute of limitations is and how it might affect your ability to seek financial recovery for the loss of a loved one.
What Is the Standard Deadline for Filing a Wrongful Death Claim?
Technically, wrongful death lawsuits in York are subject to the same statute of limitations as almost all other personal injury claims filed in Pennsylvania. Under 42 Pennsylvania Consolidated Statutes § 5524, the personal representative for the deceased person’s estate—or, if six months have passed since the deceased person’s death, any family member who would receive money through a successful lawsuit—has two years to file suit from the moment the cause of action for a wrongful death lawsuit happened.
This means you typically have two years from the date of your loved one’s death to formally start a wrongful death lawsuit against the person or people who were responsible for causing their death. This is notably different from how standard personal injury lawsuits work since, in those cases, the cause of action is the moment the injured person actually got hurt through someone else’s negligence.
Possible Extensions to the Statute of Limitations
While there are no exceptions to the statute of limitations for York wrongful death cases, there are a few scenarios where the effective deadline for filing suit may be extended or tolled. If you had no reasonable way of knowing that your loved one died specifically from someone else’s misconduct until some time had passed after their death, the discovery rule might allow you to start the two-year filing period on the date you discovered the role that misconduct played in your loss.
There may also be extensions allowed if the person who’s legally supposed to file the lawsuit is not able to represent themselves in court—for instance, if they’re under 18 years old at the time of the wrongful death or if they’re in a coma after a serious accident. Finally, the court is often willing to extend the filing deadline for wrongful death claims if the defendant being sued engaged in illegal fraud in an attempt to hide the role they played in causing the wrongful death.
Talk to a York Attorney Today About Building a Wrongful Death Case Within the Statute of Limitations
Two years might sound like a long time to do anything, but when it comes to building a strong wrongful death lawsuit, two years can pass by in what feels like the blink of an eye. Between gathering evidence, talking to medical professionals and other expert witnesses, and dealing with insurance companies and defense counsel, you may find yourself running out of time more quickly than you expected if you try to file this kind of claim alone.
Working closely with a knowledgeable wrongful death lawyer can be vital to constructing the strongest possible case while still staying within the boundaries set by the York wrongful death statute of limitations. Call Ostroff Godshall Injury and Accident Lawyers today to learn more.
