What is Wrongful Death? » Pennsylvania Statute of Limitations For Wrongful Death
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Pennsylvania Statute of Limitations For Wrongful Death
State Information about Wrongful Death
Each state has its own wrongful death laws, rather than a single nationwide law regarding wrongful death When talking to a qualified wrongful death lawyer about the loss of your loved one, make sure that you understand the laws that will govern your case.
What is the statute of limitations?
The statute of limitations is the time frame in which you must file your wrongful death lawsuit. This varies from state to state. In most locations, the statute of limitations falls in the one- to four-year range. Make sure you understand when that countdown clock starts. In most states, the statute of limitations starts at either the date of death or in certain limited circumstances, the date when you discovered that your loved one died due to the negligence of another.
In both Pennsylvania and New Jersey, the statute of limitations for a wrongful death lawsuit is two years from the date of death. The statute of limitations is set up so that lost evidence and poor memories don’t cause problems during a trial. If your loved one died due to wrongful death, it is important to talk to a lawyer as soon as possible to avoid statute of limitation issues.
It is also important that you know that there are some circumstances where parties responsible for contributing to or causing a wrongful death are required to file a claim or provide proper notice to certain defendants in a time period which is substantially shorter than the statute of limitations.
Who Can File a Wrongful Death Lawsuit?
All states have different rules about who can file suit when someone dies in a wrongful death case. In some states, only immediate family members can file a wrongful death lawsuit. In other states, that is extended to include other family members, like grandparents and cousins. Still other states only allow the person directly responsible for the deceased person's estate to file the lawsuit. Some states also have laws that prevent family members from suing one another in many wrongful death circumstances. Keep in mind that the people who are allowed to file suit aren’t always the same people who are allowed to benefit from the lawsuit.
Acting as a personal representative for the estate.
In Pennsylvania, only the victim’s spouse, adult child, or parent, can file a wrongful death lawsuit, unless someone else was named as the personal representative before the victim died.
In Pennsylvania, a family member can also assign a personal representative to the victim to sue on behalf of the beneficiaries, as would be the case if a single parent was a wrongful death victim and had no living parents or spouse. Only the people dependent on the deceased in some way may collect damages, unless there is no surviving spouse, child, or parent. If that’s the case, an extended family member may be entitled to a portion of the estate..
In New Jersey, the executor of the will must file the wrongful death lawsuit on the beneficiaries’ behalf. In some cases, the state will appoint a representative to file the lawsuit, as is sometimes the process in Pennsylvania. The spouse, child, or parent can benefit from money collected, and once again, if there is no surviving spouse, child, or parent, other family members may be entitled to the assets of the estate.
Hiring an Attorney
State laws which impact a wrongful death claim vary greatly. This is only one of many reasons you should consult with an attorney who has extensive background in handling wrongful death claims. You should be able to rely on you lawyer to guide you through the litigation process and take care of the claim of your loved one’s estate, so you can focus on getting through this difficult time.
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