Statutes of limitations; claims not barred at death.
✓ current as of May 2026
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§ 3383. Statutes of limitations; claims not barred at death.
The death of a person shall not stop the running of the statute of limitations applicable
to any claim against him, but a claim which otherwise would be barred within one year
after the death of the decedent shall not be barred until the expiration of one year
after his death. Nothing in this section shall be construed to shorten the period
which would have been allowed by any applicable statute of limitations if the decedent
had continued to live.
Notes of Decisions
Cited in 3
cases, 1986–2019 · leading case: McClean v. Djerassi, 84 A.3d 1067 (Pa. Super. Ct. 2013).
McClean v. Djerassi, 84 A.3d 1067 (Pa. Super. Ct. 2013). · cites it 3דWe affirm, and hold that 20 Pa.C.S. § 3383, which extends the filing period when a defendant is deceased, applies to the initial filing of a complaint, not a motion to amend complaint.”
Ryan, K. v. McMullin, D. (Pa. Super. Ct. 2019). · cites it 2דActions “to recover damages for injuries to the person … caused by the wrongful act or neglect or unlawful violence or negligence of another” are subject to a two-year statute of limitations.”
Orndorff v. Small, 42 Pa. D. & C.3d 540 (1986). “508, §2, 20 Pa.C.S. §3383, which provides that “The death of a person shall not stop the running of the statute of limitations applicable to any claim against him, but a claim which otherwise would be barred within one year after the death of the decedent shall not be barred…”
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