Pennsylvania Lawyers Advice for Statute of Limitations in Wrongful Death Lawsuits
Learn from our lawyers about the application of Pennsylvania statute of limitations.
In Pennsylvania, the statute of limitation for a wrongful death, personal injury, product liability, and medical malpractice lawsuit is two years.
What are statutes of limitations? A statute is a common law legal system that designates the maximum time period allowed where legal proceedings may be initiated. Statutes of limitations apply to wrongful death accidents.
Statutes of limitations are based on fairness. Over time memories fade, evidence is lost, and people want to get on with their lives. Another reason for statutes of limitations is closure which encourages courts and law enforcement agencies to handle cases more timely.
There are no caps or monetary settlement levels on medical malpractice wrongful death lawsuits in Pa.
Heres how the statute of limitations terminology reads:
Caps on damages Pennsylvania Statute of Limitations Laws
Limitations on damages
(a) GENERAL RULE--Actions for which damages are limited by reference to this subchapter shall be limited as set forth in this section.
(b)AMOUNT RECOVERABLE--Damages arising from the same cause of action or transaction or occurrence or series of causes of action or transactions or occurrences shall not exceed $ 250,000 in favor of any plaintiff or $ 1,000,000 in the aggregate.
(c) TYPES OF DAMAGES RECOVERABLE--Damages shall be recoverable only for:
(1) Past and future loss of earnings and earning capacity.
(2) Pain and suffering.
(3) Medical and dental expenses including the reasonable value of reasonable and necessary medical and dental services, prosthetic devices and necessary ambulance, hospital, professional nursing, and physical therapy expenses accrued and anticipated in the diagnosis, care and recovery of the claimant.
(4) Loss of consortium.
(5) Property losses, except that property losses shall not be recoverable in claims brought pursuant to section 8522(b)(5) (relating to potholes and other dangerous conditions).
Special Rules for Minors (minors tolling)
Except in cases of wrongful death, an "unemancipated minor" must file suit within two years of his or her 18th birthday. An "unemancipated minor" is a person under 18 who is not totally self-supporting. In cases where the minor is emancipated, or totally self-supporting, at the time of the injury, he or she must file suit within two years of the date when the injury occurred.
Personal Injury
A personal injury action must be filed within two years of the date when the injury occurred. In Pennsylvania, personal injury actions include medical malpractice and products liability claims. In limited cases, the time for filing a personal injury action is extended. Under this rule, the statute of limitations will begin to run at the time the plaintiff knows, or should have known, that he or she was injured and that the injury was caused by another's conduct.
Pennsylvania Trial Lawyer Chapter (PaTLA)
121 South Broad Street
Suite 600
Philadelphia, PA 19107
215.546.5451
Pennsylvania State Police
Public Information Office
1800 Elmerton Ave.
Harrisburg, PA 17110
The above information is intended for the legal community. Often its overwhelming to everyone else especially after the loss of a loved one. Please fill out the form so we can determine if you and your family have a wrongful death case. When you contact Anapol Schwartz during business hours, we get back to you within minutes or within a few hours but always within that business day. When you contact us on the weekend, we get back to you the next business day.
Do You Have a Pennsylvania Statute of Limitations Lawsuit? »
There are no caps or monetary settlement levels on medical malpractice wrongful death lawsuits in PA.
Caps on damages Pennsylvania Statute of Limitations Laws
Limitations on damages
(a) GENERAL RULE--Actions for which damages are limited by reference to this subchapter shall be limited as set forth in this section.
(b)AMOUNT RECOVERABLE--Damages arising from the same cause of action or transaction or occurrence or series of causes of action or transactions or occurrences shall not exceed $ 250,000 in favor of any plaintiff or $ 1,000,000 in the aggregate.
(c) TYPES OF DAMAGES RECOVERABLE--Damages shall be recoverable only for:
(1) Past and future loss of earnings and earning capacity.
(2) Pain and suffering.
(3) Medical and dental expenses including the reasonable value of reasonable and necessary medical and dental services, prosthetic devices and necessary ambulance, hospital, professional nursing, and physical therapy expenses accrued and anticipated in the diagnosis, care and recovery of the claimant.
(4) Loss of consortium.
(5) Property losses, except that property losses shall not be recoverable in claims brought pursuant to section 8522(b)(5) (relating to potholes and other dangerous conditions).
Special Rules for Minors (minors tolling)
Except in cases of wrongful death, an "unemancipated minor" must file suit within two years of his or her 18th birthday. An "unemancipated minor" is a person under 18 who is not totally self-supporting. In cases where the minor is emancipated, or totally self-supporting, at the time of the injury, he or she must file suit within two years of the date when the injury occurred.
Contact us for your free consultation with one of our Wrongful Death Lawyers »
Personal Injury
A personal injury action must be filed within two years of the date when the injury occurred. In Pennsylvania, personal injury actions include medical malpractice and products liability claims. In limited cases, the time for filing a personal injury action is extended. Under this rule, the statute of limitations will begin to run at the time the plaintiff knows, or should have known, that he or she was injured and that the injury was caused by another's conduct.
Pennsylvania Trial Lawyer Chapter (PaTLA)
121 South Broad Street
Suite 600
Philadelphia, PA 19107
215.546.5451
Pennsylvania State Police
Public Information Office
1800 Elmerton Ave.
Harrisburg, PA 17110
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