Malvern Wrongful Death Lawyer

Losing a loved one due to negligence is heartbreaking. While no amount of money can replace them, compensation can ease financial burdens. At Kingbird Legal, our Malvern wrongful death lawyer will fight for justice and hold the responsible party accountable. Let us help you seek the financial support you deserve. Call 484-289-4880 today for a free consultation, and let us guide you through this difficult time.

Time Limits for Filing a Wrongful Death Lawsuit in Pennsylvania

Losing a loved one because of someone else’s negligence is devastating. When a family member dies in an accident that could have been prevented, the surviving relatives have the right to seek justice through a wrongful death claim. However, Pennsylvania law places strict time limits on how long families have to file a lawsuit.

Understanding these deadlines is critical. If the case is not filed within the required timeframe, the right to pursue compensation may be lost forever. Families dealing with the emotional and financial impact of a sudden death should be aware of how these laws work and what steps to take to protect their rights.

How Long Families Have to File a Claim

In Pennsylvania, the statute of limitations for wrongful death claims is two years from the date of the person’s death. This means that a lawsuit must be filed within that period, or the courts will likely dismiss the case. Even if the claim has merit, waiting too long can prevent a family from recovering damages.

The two-year clock typically starts on the date of death, not the date of the accident that caused it. This distinction is important, especially in cases where a victim initially survives but later dies from their injuries.

Who Can File a Wrongful Death Claim

Not everyone affected by the loss of a loved one has the legal right to file a claim. In Pennsylvania, the personal representative of the deceased’s estate must file the lawsuit on behalf of the beneficiaries. This representative is usually the executor named in the person’s will.

If no claim is filed within six months of the death, the beneficiaries—such as a spouse, children, or parents—can pursue the claim directly. Any compensation awarded in a successful case goes to the surviving family members, not the estate.

Exceptions That May Extend the Deadline

While the general rule is a two-year time limit, there are certain circumstances where the deadline may be extended. These exceptions are rare but can be important in specific cases.

• Discovery rule – If the cause of death was not immediately known, the statute of limitations may begin when the family discovers—or reasonably should have discovered—that negligence played a role in the death. This situation sometimes occurs in medical malpractice cases.
• Minors as beneficiaries – If the deceased’s children are under 18, they may have additional time to file a claim after reaching adulthood. However, this does not change the deadline for other beneficiaries, so the estate or a guardian should act quickly.
• Wrongful concealment – If the responsible party actively hides their role in the death, the time limit may be extended. Courts do not allow defendants to avoid liability through deception.

While these exceptions exist, they are not automatic. A court must determine whether an extension applies, which makes it essential to consult with an attorney as soon as possible.

What Happens If the Deadline Is Missed

Failing to file within the two-year period almost always results in the case being dismissed. Once the deadline passes, Pennsylvania law bars families from seeking compensation through the courts.

Insurance companies and defendants know this rule well. If a claim is filed after the time limit, the opposing side will likely use the statute of limitations as a defense to have the case thrown out. Even in situations where justice is clearly deserved, missing the deadline can mean losing all legal options.

Why Taking Action Early Matters

Filing a wrongful death claim involves more than just meeting a deadline. Waiting too long can also make it harder to gather the evidence needed to build a strong case.

• Witnesses may forget details or become harder to locate
• Important records and documents could be lost
• Physical evidence might disappear over time
• Defendants may use delays to weaken the case

Starting the process as soon as possible allows attorneys to investigate the circumstances, collect necessary evidence, and negotiate with insurance companies. A well-prepared claim has a better chance of leading to a fair settlement or winning in court.

Types of Compensation Available in a Wrongful Death Case

A wrongful death lawsuit is not just about holding the responsible party accountable—it is also about securing financial stability for those left behind. In Pennsylvania, compensation may cover:

• Funeral and burial expenses
• Medical bills related to the final injury or illness
• Lost income and future earnings the deceased would have provided
• Pain and suffering experienced by the surviving family members
• Loss of companionship and support

The exact amount depends on the specifics of the case, including the deceased’s age, income, and the emotional impact on the family. An attorney can help determine the full extent of damages available.

How an Attorney Can Help

Dealing with legal matters after losing a loved one can feel overwhelming. Many families are still grieving and may not be ready to think about filing a lawsuit. However, an attorney can handle the legal process while the family focuses on healing.

A lawyer can:

• Investigate the circumstances of the death
• Gather evidence to prove negligence
• Negotiate with insurance companies for a fair settlement
• File a lawsuit if the responsible party refuses to pay
• Ensure the claim is filed before the statute of limitations expires

Having legal guidance can make a significant difference in the outcome of a case. Families should not have to navigate the process alone, especially when facing opposition from insurance companies and defense attorneys.

Malvern Wrongful Death Attorney 

No amount of money can replace a loved one, but pursuing a wrongful death claim can provide financial relief and a sense of justice. Families in Pennsylvania need to be aware of the time limits that apply to these cases and take action before it is too late.

Anyone considering a claim should speak with an experienced personal injury lawyer as soon as possible. Getting legal advice early can prevent costly mistakes and help ensure that those responsible for the loss are held accountable. Kingbird Legal’s Malvern wrongful death attorney will fight to ease your financial burden and hold the responsible party accountable. Call 484-289-4880 today for a free consultation, and let us help your family find justice.