Wrongful Death Statutes of Limitations

Wrongful Death Statutes of Limitations

Losing a loved one brings one of the most painful, tragic times we may ever experience. And when we lose someone due to the wrongful actions of another, the unexpected loss is nearly unbearable. Nothing can bring back a loved one who passes at the hands of the wrongful actions or negligence of another, but an experienced attorney can help the family get the financial compensation they deserve.

While taking legal action is likely the last thing on the family’s minds after losing a loved one, it is important to preserve your rights to compensation. If those rights aren’t preserved, one can forever lose the ability to just compensation under what is called a statute of limitations. These statutes of limitations punish those who fail to timely bring their wrongful death action. The period within which one must file a wrongful death suit is typically two years.

A wrongful death case can be brought under a number of situations, including death as a result of a motor vehicle accident, medical error or workplace accident. When this happens, the statutory beneficiaries, usually family members, can bring suit to recover certain types of monetary compensation, including medical bills, lost wages and income, mental anguish, funeral bills, loss of services and loss of consortium or companionship. The experienced attorneys at Bordas & Bordas have helped numerous residents of the tri-state area obtain this compensation.

West Virginia, Ohio and Pennsylvania each have a statute of limitations of two years as provided by statute. In West Virginia, W.Va. Code Section 55-7-6 provides for compensation for survivors of such a victim of wrongful death, including the spouse, children, parents, siblings and any other person who was financially dependent on the victim. In Ohio, the statue provides compensation for the spouse, children and parents under Ohio Revised Code Section 2125.02. The same applies in Pennsylvania under 42 Pa. Code Section 8301(b). All of these statutes require the wrongful death action to be brought within two years of the loved one’s death.

To preserve your claims under these statutes of limitations, it is important to contact an experienced attorney such as those at Bordas & Bordas so we may assist the loved ones in investigating their claim, preserving evidence, and preparing for litigation to obtain the compensation you deserve. These cases take time to develop and, although the grieving process can also take time, it is paramount to reach out to us, so the two-year statute of limitations doesn’t forever bar your claim. While nothing can bring your loved-one back, the attorneys at Bordas & Bordas are committed to obtaining the just compensation to which you may be entitled. Don’t sit on your rights. The attorneys at Bordas & Bordas are here to listen to you in your time of need. 


The period within which one must file a wrongful death suit is typically two years. Jeff Parsons explains.