How Long Do You Have to File a Wrongful Death Claim?
Losing a loved one is devastating, and when negligence or wrongful conduct is involved, families may seek accountability through a wrongful death claim. At The Sharma Law Office, we assist families in the Lehigh Valley, Philadelphia, and New Jersey in pursuing justice and securing fair compensation.
So, how long do you have to file a wrongful death claim? In both Pennsylvania and New Jersey, strict statutes of limitations apply. Missing these deadlines can bar families from recovering damages, making timely legal guidance essential. A wrongful death lawyer can help protect your rights and preserve crucial evidence. Schedule a consultation with us today to discuss your options.
Statute of Limitations in Pennsylvania
In Pennsylvania, the law generally gives families two years from the date of death to file a wrongful death lawsuit (42 Pa. C.S. § 5524(2)). This means that if the claim is not filed in court within this period, the right to seek damages may be permanently barred.
The statute applies regardless of whether the death arose from medical malpractice, a car accident, or another act of negligence. Families in Philadelphia, Easton, and the Lehigh Valley should be aware that waiting too long can seriously affect their case. A wrongful death lawyer in Pennsylvania can explain how the statute of limitations applies in your unique circumstances and help ensure that your claim is filed within the required timeframe.
Statute of Limitations in `New Jersey
In New Jersey, the rule is similar. Families typically have two years from the date of death to bring a wrongful death claim under N.J.S.A. § 2A:31-3. Exceptions are rare and usually apply only under specific circumstances, such as when the death is directly related to a criminal act.
For families in New Jersey, understanding this deadline is crucial. A qualified wrongful death attorney can evaluate the facts, gather records, and initiate legal action before the filing window closes. Waiting too long not only jeopardizes your rights but may also allow critical evidence and witness testimony to be lost.
Who Can File a Wrongful Death Claim?
In both Pennsylvania and New Jersey, wrongful death claims must be brought by a personal representative of the deceased’s estate. In Pennsylvania, if the representative does not file within six months, other beneficiaries may pursue the case. Eligible beneficiaries often include a spouse, children, or parents of the deceased.
Because these rules can vary, it is essential to work with an attorney who understands state-specific procedures. At The Sharma Law Office, our practice areas include wrongful death and other serious personal injury claims. We guide families through each step of the process, ensuring they avoid unnecessary legal obstacles.
What Compensation Is Available?
A wrongful death claim seeks to compensate family members for financial and emotional losses. Damages may include:
- Funeral and burial costs
- Medical expenses incurred before death
- Lost wages and future earnings
- Loss of companionship, care, and guidance
Every case is unique, and the available damages depend on the circumstances of the death and the relationship between the deceased and the beneficiaries. A wrongful death attorney in Pennsylvania can evaluate potential compensation and advocate for the maximum recovery available under the law.
For more information about our approach and values, visit our About Us page to learn how we serve families in Philadelphia, Pennsylvania, and beyond.
Why Timing Matters
Beyond the strict deadlines imposed by the statute of limitations, acting quickly can make a significant difference in the strength of your case. Witness memories fade, documents may be lost, and evidence can become harder to obtain as time passes. Engaging legal help soon after a wrongful death gives your attorney the best chance of building a solid claim.
If you have questions about wrongful death law in Pennsylvania or New Jersey, schedule a consultation with The Sharma Law Office today. You can also review attorney Deepak Sharma’s Avvo profile for additional background on his legal practice.
Seeking Justice for Your Family
Filing a wrongful death claim is about more than just financial recovery. It is also a way for families to hold negligent parties accountable and to bring a measure of justice for a life that was cut short. At The Sharma Law Office, we understand the toll these cases take on families, and we are committed to pursuing claims with care and determination.
Our firm is ready to represent you in Pennsylvania and New Jersey, whether your case involves medical malpractice, vehicular accidents, or other forms of negligence. If you have lost a loved one due to another’s wrongful conduct, contact us today to discuss your options and begin pursuing justice for your family.