Statute of Limitations on Wrongful Death Claims in PA

Pennsylvania law defines wrongful death as the death of an individual caused by the “wrongful act or neglect or unlawful violence or negligence of another.” While you may have a valid claim, the Commonwealth only permits a claimant two years to take legal action. Unfortunately, if you do not file a wrongful death claim within two years of the decedent’s death, you risk being barred from compensation.

At HGSK Injury Lawyers, we believe that families of the deceased deserve just compensation. If you have recently experienced the untimely passing of a loved one, our Lancaster wrongful death attorneys would like to speak with you.

Proving Wrongful Death in Lancaster, PA

Successful recovery in a wrongful death claim will depend on proving the following:

• The at-fault party owed the deceased a duty of care. For example, medical professionals owe patients a duty to provide a certain standard of care.
• Either through an act or omission, a provider breaches this duty of care. For example, a physician may fail to diagnose a patient who is in cardiac arrest.
• The provider’s actions must be the direct cause of the patient’s death. This can be the most challenging element to prove, requiring that you prove that the patient would not have died but for the provider’s actions. Additionally, the patient’s death must have been foreseeable, not a rare occurrence.
• The deceased must have suffered losses that are granted under Pennsylvania law.

Who Can File a Wrongful Death Claim, and Who Can Benefit From It?

Under Title 42 of the Pennsylvania Consolidated Statutes § 8301, the executor of the decedent’s estate (known as the personal representative) is the only person who can file a wrongful death action in Pennsylvania. This action must be filed within two years of the person’s date of death. A wrongful death claim is designed to benefit the surviving family members of the deceased, including a spouse, children, or the decedent’s parents.

Circumstances That May Toll the Statute of Limitations

The statute of limitations for most personal injury claims, including a wrongful death claim, is two years in Pennsylvania. However, certain circumstances may allow you to extend this timeline or toll the statute of limitations.

Discovery Rule

Sometimes, you may discover information that only pinpoints the cause of death at a later time. This is commonly seen in medical malpractice cases, in which the connection between the responsible party’s actions and the cause of death may not be readily apparent. For example, a person dies from sepsis following a series of infections (the cause of the sepsis being unknown). However, at autopsy, the medical examiner discovers a retained surgical object in the abdominal cavity, which is later determined to cause the sepsis and eventual death. Under the Discovery Rule, you will have two years to file a claim following the discovery of what caused the death, not the person’s date of death itself.

Concealment

If the at-fault party hides information linking their actions to your loved one’s passing, the statute of limitations will begin once the fraud is discovered. If the events behind your loved one’s death are shrouded in mystery, our legal team can investigate to see if fraud was at play.

Speak to Our Lancaster Wrongful Death Lawyers Today

There is no amount of money that can make up for the untimely passing of a loved one. Even so, you deserve compensation for your family member’s final medical expenses, the loss of income, and any funeral and burial costs. If you are interested in learning more about how HGSK Injury Lawyers can help you or your family, do not hesitate to contact us at your earliest opportunity. To schedule your free consultation with one of our Lancaster wrongful death attorneys, we can be reached online or by phone at (267) 551-8782 today.