How Long Does a Wrongful Death Case Last?

On This Page

1. How Long Will It Take to Resolve a Wrongful Death Claim? 
2. How Long Do You Have to File a Wrongful Death Case?
3. Who Can File a Wrongful Death Case? 
4. What Types of Compensation Can You Recover? 
5. Should You Hire a Wrongful Death Lawyer? 
6. Contact a Pennsylvania Wrongful Death Lawyer With Berger and Green

REVIEWED BY

C. William Kenny

Board certified by National Board of Trial Advocacy

How long a wrongful death case lasts will depend on variables unique to each claim. It could take anywhere from a few months to several years. A Pittsburgh wrongful death lawyer can help move things forward by building a robust claim and efficiently managing your case. 

How Long Will It Take to Resolve a Wrongful Death Claim? 

Every wrongful death case involves several factors that will affect how long your legal issue takes to resolve, including the following:

• The case’s complexity: Cases involving challenging legal issues, multiple parties, and extensive evidence can take longer than simpler, more straightforward claims. 
• The length of the investigation: A thorough investigation takes time and is vital to the success of your case. A lengthy investigation will increase the overall amount of time it takes to resolve your claim. 
• The strength of your claim: The stronger the evidence you present, the more willing the opposing party may be to settle. 
• The length of the negotiation process: Sometimes, opposing parties play hardball, leading to multiple rounds of negotiations. 
• Whether you go to trial: If the liable party or their insurer refuses to settle, you may need to file a lawsuit and pursue your damages at trial, which will likely take longer. Another thing to consider is that the court’s schedule will also affect how long your wrongful death case lasts. 

How Long Do You Have to File a Wrongful Death Case?

Many personal injury cases, including those involving fatal injuries, begin with an insurance claim. For example, suppose you lost your loved one because of a slip and fall at a hotel. You might pursue a property insurance claim against the owner of the premises. 

Insurance negotiations can take months. However, if you cannot reach a settlement agreement, you must file a lawsuit within the statute of limitations established by Pa. C.S.A. § 5524, or the court will likely bar your case.

The law allows two years from the date your loved one suffered their injuries to file a survival action, which seeks damages sustained by your loved one before their death. You have two years from the date of their passing to file a wrongful death action, which seeks damages on behalf of survivors for losses caused by the death. 

Who Can File a Wrongful Death Case? 

Some states allow a deceased’s family members to file a wrongful death lawsuit. However, in Pennsylvania, 231 Pa. Code Rule 2022 states the deceased’s personal representative (executor) must take legal action on behalf of anyone entitled to recover damages. 

Moreover, if the personal representative does not act within six months of the death, anyone entitled to damages can file suit on behalf of all qualifying beneficiaries. 

What Types of Compensation Can You Recover? 

Compensation could include survival and wrongful death damages. In general, recoverable losses include the following:

• Medical expenses: You can seek the cost of emergency transportation, emergency services, medical procedures, hospitalizations, medications, medical equipment, palliative care, and hospice from the day the incident occurred until your family member’s passing. 
• Funeral and burial costs: Your loved one’s final services can cost thousands of dollars. You can also seek compensation for their memorial and related expenses. 
• Lost income: You could recover your loved one’s lost wages and employment benefits from the time of injury until death. It could also include losing your loved one’s future financial support. 
• Lost services and intangible benefits: You can seek the value of household services your loved one would have provided had they lived and damages for the loss of their guidance, society, and comfort. 
• Pain and suffering: These damages might include monetary compensation for your loved one’s conscious pain and suffering. Survivors may also pursue compensation for mental and emotional suffering caused by their loved one’s death. 

Should You Hire a Wrongful Death Lawyer? 

No law mandates you to hire a wrongful death attorney. However, doing so can benefit you in numerous ways. 

While there is no guarantee a lawyer can speed up your case, working with an experienced and efficient legal team could help the process move efficiently and expeditiously. A lawyer can also help you build a persuasive claim that encourages the liable parties to settle rather than go to trial. 

Additionally, an attorney can relieve your legal burden, so you don’t have to worry about insurance companies, paperwork, deadlines, or negotiations while also grieving the loss of your loved one. Our law firm can:

• Investigate your loved one’s accident.
• Collect evidence to support your case.
• Identify liable parties and prove their negligence. 
• Identify and pursue all recoverable damages.
• Prepare and file insurance claims and handle communications with insurance adjusters and defense attorneys.
• Prepare and file lawsuits before the statute of limitations expires if necessary.
• Aggressively negotiate for maximum compensation.
• Protect you from bad faith tactics that delay your insurance claim or prolong legal actions.
• Represent you at trial if needed.

Contact a Pennsylvania Wrongful Death Lawyer With Berger and Green

Berger and Green has 40-plus years of experience advocating for victims and their families. If your loved one sustained a fatal injury in a preventable accident, our Pittsburgh personal injury lawyers can assist you with a wrongful death claim. We know money cannot compensate for your loss, but it can protect your family and future. Holding liable parties accountable can also give you a measure of justice. 

We understand how challenging this time can be and want to make the legal process as easy as possible. We offer free case evaluations, home and hospital visits, and work on a contingency basis, so our services cost nothing upfront or out of pocket. Contact us today to learn more.