> This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.

# Wrongful Death Statute Of Limitations in Pennsylvania

The wrongful death statute of limitations in Pennsylvania is governed by 42 Pa.C.S. § 5524, which establishes a fixed filing deadline for such claims. Under this statute, a plaintiff must bring a wrongful death action within two years from the date of the decedent’s death. This two-year period is a strict statutory limit, meaning that failure to file within that timeframe typically bars the claim permanently. The statute provides for certain exceptions and tolling provisions, the precise details of which are set out in the official source. The worked example below demonstrates how this two-year limitation is applied to a specific factual scenario. To estimate a filing deadline for a particular case, users should consult the DocketMath calculator, which incorporates the relevant statutory language.

## Governing authority

In Pennsylvania, the statute of limitations rule is set by **42 Pa.C.S. § 5524**. The verified packet cites 42 Pa.C.S. § 5524 (https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.055.024.000..HTM).

## Deadline example

For a Pennsylvania wrongful death limitations check, use the verified limitations period from the current rule packet: **2 years**. The authority packet cites 42 Pa.C.S. § 5524 (https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.055.024.000..HTM).

Example inputs:
- Accrual date: 2024-04-25
- Filing date checked: 2026-04-25

Calculation:
- Start with the accrual date.
- Add 2 years.
- The example deadline is **2026-04-25**.

This example is generated from the verified facts packet rather than freeform prose. Confirm tolling, discovery rules, and claim-specific exceptions before relying on the date.

**Estimate your own result:** every situation has exceptions that can change the outcome. Use the wrongful death statute of limitations calculator to estimate your specific figure.

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_This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction._


The wrongful death statute of limitations in Pennsylvania is governed by 42 Pa.C.S. § 5524, which establishes a fixed filing deadline for such claims. Under t

Wrongful Death Statute Of Limitations in Pennsylvania

PA SOL verified against Title 42 primary sources at legis.state.pa.us on 2026-04-24 (ANO-831 sweep). Per-claim deepening pass 2026-04-27 confirmed 14/15 claim_types via verbatim primary text; ucc_sale_of_goods retained at verified-secondary (PA Title 13 portal returned Error VS-8 and no Wayback snapshot exists).

(a) General rule.-- Except as provided for in subsection (b), the following actions and proceedings must be commenced within four years: (1) An action upon a contract, under seal or otherwise, for the sale, construction or furnishing of tangible personal property or fixtures. (2) Any action subject to 13 Pa.C.S. 2725 (relating to statute of limitations in contracts for sale). (3) An action upon an express contract not founded upon an instrument in writing. (4) An action upon a contract implied in law, except an action subject to another limitation specified in this subchapter. (5) An action upon a judgment or decree of any court of the United States or of any state. (6) An action upon any official bond of a public official, officer or employee.

(8) An action upon a contract, obligation or liability founded upon a writing not specified in paragraph (7), under seal or otherwise, except an action subject to another limitation specified in this subchapter.

(7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter.

If the statement provided for by this subsection is not filed, any civil action or proceeding commenced against the government unit more than six months after the date of injury to person or property shall be dismissed and the person to whom any such cause of action accrued for any injury to person or property shall be forever barred from proceeding further thereon within this Commonwealth or elsewhere. The court shall excuse failure to comply with this requirement upon a showing of reasonable excuse for failure to file such statement.

The following actions and proceedings must be commenced within one year: (1) An action for libel, slander or invasion of privacy. (2) An action upon a bond given as security by a party in any matter, except a bond given by a condemnor in an eminent domain proceeding. (3) An action upon any payment or performance bond. 42c5523v (Dec. 20, 1982, P.L.1409, No.326, eff. 60 days) 1982 Amendment. Section 403 of Act 326 provided that the amendments to Chapter 55 effected by Act 326 shall apply only to causes of action which accrue after the effective date of Act 326.

(2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another. (3) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof. (4) An action for waste or trespass of real property. (5) An action upon a statute for a civil penalty or forfeiture. (6) An action against any officer of any government unit for the nonpayment of money or the nondelivery of property collected upon on execution or otherwise in his possession. (7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter.

The following actions and proceedings must be commenced within two years: (1) An action for assault, battery, false imprisonment, false arrest, malicious prosecution or malicious abuse of process. (2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another. (3) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof. (4) An action for waste or trespass of real property. (5) An action upon a statute for a civil penalty or forfeiture. (6) An action against any officer of any government unit for the nonpayment of money or the nondelivery of property collected upon on execution or otherwise in his possession.

(2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.

In the case of a civil action or proceeding against the trustee of an express or implied trust, the time within which such an action or proceeding by or on behalf of a beneficiary on account of fraud must be commenced shall be computed from the discovery of the fraud, or when, by reasonable diligence, the person defrauded might have discovered the fraud. This subsection shall not prevent a bona fide purchaser for value from pleading the applicable statute of limitations.

(a) General rule.-- Except as otherwise provided by statute, insanity or imprisonment does not extend the time limited by this subchapter for the commencement of a matter. (b) Infancy.-- (1) (i) If an individual entitled to bring a civil action is an unemancipated minor at the time the cause of action accrues, the period of minority shall not be deemed a portion of the time period within which the action must be commenced. Such person shall have the same time for commencing an action after attaining majority as is allowed to others by the provisions of this subchapter. (ii) As used in this paragraph, the term "minor" shall mean any individual who has not yet attained 18 years of age.

14 of 15 claim_types fully populated with citation + source_url + verbatim raw_statute_text (verified against legis.state.pa.us / palegis.us / palrb.us primary sources from earlier passes). 1 of 15 (ucc_sale_of_goods) retains 'verified-secondary' confidence with raw_statute_text=null because PA's primary-source portals (palegis.us, legis.state.pa.us) return Error VS-8 for 13 Pa.C.S. § 2725 and the Wayback Machine returned no archived snapshot (archive.org availability API: archived_snapshots={}). One Wayback retry exhausted per anti-fabrication protocol; 4-yr period retained because (a) it is the uniform UCC § 2-725 rule, and (b) 42 Pa.C.S. § 5525(a)(2) cross-references the UCC and was retrievable as a backstop. Did NOT pull verbatim text from FindLaw/Justia/aggregators per trust-badge rules.

(b) Other civil action or proceeding.-- Any civil action or proceeding which is neither subject to another limitation specified in this subchapter nor excluded from the application of a period of limitation by section 5531 (relating to no limitation) must be commenced within six years.

(a) General rule.-- Except as provided for in subsection (b), the following actions and proceedings must be commenced within four years: (8) An action upon a contract, obligation or liability founded upon a writing not specified in paragraph (7), under seal or otherwise, except an action subject to another limitation specified in this subchapter.

(a) General rule.-- Except as provided in subsection (b), a civil action or proceeding brought against any person lawfully performing or furnishing the design, planning, supervision or observation of construction, or construction of any improvement to real property must be commenced within 12 years after completion of construction of such improvement to recover damages for: (1) Any deficiency in the design, planning, supervision or observation of construction or construction of the improvement. (2) Injury to property, real or personal, arising out of any such deficiency. (3) Injury to the person or for the wrongful death arising out of any such deficiency. (4) Contribution or indemnity for damages sustained on account of any injury mentioned in paragraph (2) or (3).

Any civil action or proceeding which is neither subject to another limitation specified in this subchapter nor excluded from the application of a period of limitation by section 5531 (relating to no limitation) must be commenced within six years.

Within six months from the date that any injury was sustained or any cause of action accrued, any person who is about to commence any civil action or proceeding within this Commonwealth or elsewhere against a government unit for damages on account of any injury to his person or property under Chapter 85 (relating to matters affecting government units) or otherwise shall file in the office of the government unit, and if the action is against a Commonwealth agency for damages, then also file in the office of the Attorney General, a statement in writing, signed by or in his behalf, setting forth: (i) The name and residence address of the person to whom the cause of action has accrued. (ii) The name and residence address of the person injured. (iii) The date and hour of the accident. (iv) The approximate location where the accident occurred. (v) The name and residence or office address of any attending physician.

§ 5524. Two year limitation. The following actions and proceedings must be commenced within two years: (1) An action for assault, battery, false imprisonment, false arrest, malicious prosecution or malicious abuse of process. (2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another. (3) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof. (4) An action for waste or trespass of real property. (5) An action upon a statute for a civil penalty or forfeiture. (6) An action against any officer of any government unit for the nonpayment of money or the nondelivery of property collected upon on execution or otherwise in his possession. (7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter. (8) An action to recover damages for injury to a person or for the death of a person caused by exposure to asbestos shall be commenced within two years from the date on which the person is informed by a licensed physician that the person has been injured by such exposure or upon the date on which the person knew or in the exercise of reasonable diligence should have known that the person had an injury which was caused by such exposure, whichever date occurs first.

Two year limitation. The following actions and proceedings must be commenced within two years: (1) An action for assault, battery, false imprisonment, false arrest, malicious prosecution or malicious abuse of process. (2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another. (3) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof. (4) An action for waste or trespass of real property. (5) An action upon a statute for a civil penalty or forfeiture. (6) An action against any officer of any government unit for the nonpayment of money or the nondelivery of property collected upon on execution or otherwise in his possession. (7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter.

(h)  Any complaint filed pursuant to this section must be so filed within one hundred eighty days after the alleged act of discrimination, unless otherwise required by the Fair Housing Act.

The following actions and proceedings must be commenced within one year: (1) An action for libel, slander or invasion of privacy. (2) An action upon a bond given as security by a party in any matter, except a bond given by a condemnor in an eminent domain proceeding. (3) An action upon any payment or performance bond.

Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter.

No administrative proceedings or legal action shall be instituted under the provisions of this act for the collection of unpaid wages or liquidated damages more than three years after the day on which such wages were due and payable as provided in sections 3 and 5.

(a) Any employe or group of employes, labor organization or party to whom any type of wages is payable may institute actions provided under this act. (b) Actions by an employe, labor organization, or party to whom any type of wages is payable to recover unpaid wages and liquidated damages may be maintained in any court of competent jurisdiction, by such labor organization, party to whom any type of wages is payable or any one or more employes for and in behalf of himself or themselves and other employes similarly situated, or such employe or employes may designate an agent or representative to maintain such action or on behalf of all employes similarly situated. Any such employe, labor organization, party, or his representative shall have the power to settle or adjust his claim for unpaid wages.

A person who alleges a violation of this act may bring a civil action in a court of competent jurisdiction for appropriate injunctive relief or damages, or both, within 180 days after the occurrence of the alleged violation.

Pennsylvania imposes a two-year statute of limitations on personal-injury actions. Per 42 Pa. C.S. § 5524(2), 'An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another' must be commenced within two years. The same two-year period also covers assault/battery/false imprisonment/false arrest/malicious prosecution (§ 5524(1)), residual tort and trespass claims (§ 5524(7)), and asbesto

Under 42 Pa. C.S. § 5524(2), an action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect of another must be commenced within two years. Paragraph (7) is the negligence/tort catch-all, also two years. Asbestos-related PI has a codified discovery rule under paragraph (8).

Under 42 Pa. C.S. § 5525(a)(8), an action upon a contract, obligation or liability founded upon a writing must be commenced within four years. Covers written contracts, promissory notes, account-stated, and other written-instrument debts in Pennsylvania.

Under 42 Pa. C.S. § 5523(1), an action for libel, slander, or invasion of privacy must be commenced within one year.

Under 42 Pa. C.S. § 5527(b), any civil action or proceeding not otherwise specified must be commenced within 6 years. Pennsylvania courts apply this residual 6-year SOL to unjust enrichment / restitution claims per Sevast v. Kakouras, 915 A.2d 1147 (Pa. 2007).

Under 43 Pa. Stat. § 260.9a(g) (Wage Payment & Collection Law § 9.1(g)), no administrative proceeding or legal action under the WPCL may be instituted for collection of unpaid wages or liquidated damages more than 3 years after the day wages were due and payable.

Pennsylvania medical malpractice claims are governed by a two-year statute of limitations under 42 Pa.C.S. § 5524(2), which covers actions 'to recover damages for injuries to the person ... caused by the wrongful act or neglect ... or negligence of another' (with § 5524(7) functioning as a residual tort catch-all for negligence-based claims not otherwise specified). Accrual is determined under Pennsylvania's discovery rule (not certified verbatim in this receipt). A seven-year outer statute of r

In Pennsylvania, an action sounding in unjust enrichment / restitution is treated as an action upon a contract implied in law and is governed by the four-year limitations period at 42 Pa.C.S. § 5525(a)(4). The PA Supreme Court in Sevast v. Kakouras (2007) expressly applied this provision; the federal Middle District of Pennsylvania in Paradigm SRP (2024) confirmed that an unjust-enrichment claim is a type of breach-of-contract claim subject to the same four-year SOL. This corrects the prior cano

Statute of limitations for personal injury in US-PA is 2 years under 42 Pa. C.S. § 5524(2).

Statute of limitations for libel in US-PA is 1 years under 42 Pa. C.S. § 5523(1).

Statute of limitations for unjust enrichment in US-PA is 4 years under 42 Pa.C.S. § 5525(a)(4).

Statute of limitations for breach of fiduciary duty in US-PA is 6 years under 42 Pa.C.S. 5527(b).

Statute of limitations for wage and hour overtime state in US-PA is 3 years under 43 Pa. Stat. § 260.9a(g).

Statute of limitations for wrongful death in US-PA is 2 years under 42 Pa. C.S. § 5524.

Statute of limitations for product liability in US-PA is 2 years under 42 Pa. C.S. § 5524.

Statute of limitations for premises liability in US-PA is 2 years under 42 Pa. C.S. § 5524.

Statute of limitations for breach oral contract in US-PA is 4 years under 42 Pa. C.S. § 5525.

Statute of limitations for ucc sale of goods in US-PA is 4 years under 42 Pa. C.S. § 5525.

Statute of limitations for slander in US-PA is 1 year under 42 Pa. C.S. § 5523.

Statute of limitations for property damage in US-PA is 2 years under 42 Pa. C.S. § 5524.

Statute of limitations for trespass in US-PA is 2 years under 42 Pa. C.S. § 5524.

Statute of limitations for government tort claim in US-PA is 6 months under 42 Pa. C.S. § 5522.

Statute of limitations for breach written contract in US-PA is 4 years under 42 Pa. C.S. § 5525(a)(8).

Statute of limitations for legal malpractice in US-PA is 2 years under 42 Pa. C.S. § 5524.

Statute of limitations for fraud in US-PA is 2 years under 42 Pa. C.S. § 5524.

Section 1983 borrows the forum state's general personal-injury SOL. Pennsylvania's general personal-injury limitations period is 2 years under 42 Pa. C.S. § 5524(2), so a Pennsylvania Section 1983 claim must be filed within 2 years of accrual.

In Pennsylvania, an action on an account stated or open account is an action on a contract not founded on a written instrument and must be commenced within four years under 42 Pa. C.S. § 5525(a).

Under 42 Pa. C.S. § 5524(3), an action for taking, detaining or injuring personal property, including actions for specific recovery thereof (trespass to chattels and conversion), must be commenced within two years.

A claimant intending to sue a Pennsylvania government unit for damages must file written notice with that government unit within 6 months of the injury or accrual of the cause of action.

Pennsylvania tolls the statute of limitations for unemancipated minors under 42 Pa. C.S. § 5533(b)(1). The period of minority does not count toward the limitations period; once the minor reaches majority, the full SOL period begins to run again. NOTE: § 5533(a) explicitly states that insanity and imprisonment do NOT extend the SOL in PA.

Pennsylvania tolls the statute of limitations when the defendant is absent from the Commonwealth at the time the cause of action accrues (§ 5532(a)), and also when the defendant departs after accrual and remains absent for four months or more, or resides in Pennsylvania under a false name (§ 5532(b)). The absence period does not count toward the limitations period.

Pennsylvania recognizes equitable fraudulent concealment tolling as a common-law doctrine under Fine v. Checcio, 870 A.2d 850 (Pa. 2005): when a defendant's fraud or concealment causes the plaintiff to relax vigilance or deviate from inquiry, the defendant is estopped from invoking the statute of limitations. Fraudulent concealment in PA does not require intent to deceive; an unintentional deception suffices if it defeats the plaintiff's vigilance.

Pennsylvania recognizes the discovery rule as a judge-made equitable doctrine established in Pocono Int'l Raceway, Inc. v. Pocono Produce, Inc., 468 A.2d 468 (Pa. 1983). The statute of limitations does not begin to run until the plaintiff knows or, in the exercise of reasonable diligence, should have known of the injury and its cause. The rule is not codified in 42 Pa. C.S. § 5534 (which is a 'War' tolling section for foreign causes of action in wartime); it is purely judge-made common law.

§ 5533. Infancy, insanity or imprisonment. (a) General rule.—Except as otherwise provided by statute, insanity or imprisonment does not extend the time limited by this subchapter for the commencement of a matter. (b) Infancy.—(1) If an individual entitled to bring a civil action is an unemancipated minor at the time the cause of action accrues, the period of minority shall not be deemed a portion of the time period within which the action must be commenced. Such person shall have the same time for commencing an action after attaining majority as is allowed to others by the provisions of this subchapter. (2) If an individual entitled to bring a civil action arising from childhood sexual abuse is under 18 years of age at the time the cause of action accrues, the individual shall have a period of 37 years after attaining 18 years of age in which to commence an action for damages.

§ 5532. Absence or concealment. (a) General rule.--If, when a cause of action accrues against a person, he is without this Commonwealth, the time within which the action or proceeding must be commenced shall be computed from the time he comes into or returns to this Commonwealth. If, after a cause of action has accrued against a person, he departs from this Commonwealth and remains continuously absent therefrom for four months or more, or he resides within this Commonwealth under a false name which is unknown to the person entitled to commence the action or proceeding, the time of his absence or residence within this Commonwealth under such a false name is not a part of the time within which the action or proceeding must be commenced. ... (c) Fraudulent concealment.--In the case of a civil action or proceeding against the trustee of an express or implied trust, the time within which such an action or proceeding by or on behalf of a beneficiary on account of fraud must be commenced shall be computed from the discovery of the fraud, or when, by reasonable diligence, the person defrauded might have discovered the fraud.

Wrongful Death Statute Of Limitations in Pennsylvania

Current verified answer

Authority and key facts

Wrongful Death Statute Of Limitations in Pennsylvania

Governing authority

Deadline example