Wrongful Death Statute of Limitations in Pennsylvania
Last verified 2026-07 · Source: 42 Pa. Cons. Stat. § 5524(2) ✓ verified · 3 sources
The deadline
2 years
from Date of death, under 42 Pa. Cons. Stat. § 5524(2).
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Under 42 Pa. Cons. Stat. § 5524(2), you have 2 years from Date of death to file a wrongful death lawsuit in Pennsylvania. Miss it and you lose the right to sue — but several Pennsylvania-specific exceptions can extend (or shorten) that window, detailed below.
Pennsylvania Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Wrongful Death | 2 years | 42 Pa. Cons. Stat. § 5524(2) |
| Car Accident | 2 yrs | 42 Pa.C.S. § 5524(2) |
| Credit Card Debt | 4 yrs | 42 Pa.C.S. § 5525(a) |
| Medical Malpractice | 2 yrs | 42 Pa.C.S. § 5524(2), (7) |
| Personal Injury | 2 yrs | 42 Pa. Cons. Stat. § 5524(2) |
| Dog Bite | 2 yrs | 3 Pa.C.S. § 459-502 (Dog Law); SOL: 42 Pa.C.S. § 5524(2) |
| Slip and Fall | 2 yrs | 42 Pa. Cons. Stat. § 5524 |
| Defamation | 1 yr | 42 Pa.C.S. § 5523(1) |
| Breach of Contract | 4 yrs | 42 Pa.C.S. § 5525(a)(8) |
| Medical Debt | 4 yrs | 42 Pa. C.S. § 5525(a) |
When the Clock Starts
In Pennsylvania, the limitations period for wrongful death claims generally begins on Date of death. Pennsylvania does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: 6 months written notice required (42 Pa.C.S. § 5522). Must include name, address, date/time of accident, location, and physician info. Failure to file within 6 months bars claim. Up to 90 days of incapacity excluded for non-Commonwealth entities. Court may excuse for reasonable cause.
- Damage caps: No general wrongful death damages cap. Government claims: $250,000 per plaintiff, $1,000,000 aggregate (42 Pa.C.S. § 8528). Recoverable damages limited to lost earnings, pain and suffering, medical expenses, loss of consortium, and property losses.
Filed by spouse, children, or parents of deceased (42 Pa.C.S. § 8301). Separate survival action under § 8302. No wrongful birth or wrongful life claims allowed. Personal representative may recover medical, funeral, and estate administration expenses. Minor tolling under § 5533: period of minority excluded from computation. Sovereign immunity waived only for enumerated exceptions (§ 8522).
Source: 42 Pa. Cons. Stat. § 5524(2), official Pennsylvania statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Pennsylvania government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Pennsylvania Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Pennsylvania | 2 years | 42 Pa. Cons. Stat. § 5524(2) |
| New York | 2 yrs | N.Y. Est. Powers & Trusts Law (EPTL) § 5-4.1 |
| New Jersey | 2 yrs | N.J. Stat. § 2A:31-3 |
| Delaware | 2 yrs | 10 Del. C. § 8107; 10 Del. C. § 3724 |
| Maryland | 3 yrs | Md. Code, Cts. & Jud. Proc. § 3-901 through § 3-904 |
| West Virginia | 2 yrs | W. Va. Code § 55-7-6 |
| Ohio | 2 yrs | Ohio Rev. Code § 2125.02 |
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in Pennsylvania?
You have 2 years from Date of death, under 42 Pa. Cons. Stat. § 5524(2).
Can I still sue after 2 years in Pennsylvania?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
Pennsylvania generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
6 months written notice required (42 Pa.C.S. § 5522). Must include name, address, date/time of accident, location, and physician info. Failure to file within 6 months bars claim. Up to 90 days of incapacity excluded for non-Commonwealth entities. Court may excuse for reasonable cause.
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Sources
- Official 42 Pa. C.S. § 5524 (official Pennsylvania Legislature)
- Corroborating FindLaw - Pennsylvania Wrongful Death Laws
- Corroborating Pennsylvania Statutes Title 42 Section 5522 - Government Claims Notice Requirement
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Pennsylvania attorney.