In Pennsylvania, a wrongful death action is filed by the decedent's personal representative for the benefit of eligible family members (commonly spouse, children, and parents). Recoverable damages typically cover funeral costs, loss of financial support, and loss of companionship. The decedent's pre-death pain and suffering is generally pursued through a separate survival action. Preserve evidence and contact an attorney promptly because strict filing deadlines apply.

What is a wrongful death claim in Pennsylvania?

A wrongful death claim arises when someone's negligent or intentional conduct causes another person's death. In Pennsylvania, the claim is brought to compensate surviving family members for financial and certain nonfinancial losses caused by the death.

Who brings the claim?

A wrongful death action must be brought by the decedent's personal representative (executor or administrator) for the benefit of eligible survivors. Typically the survivors who may recover include the spouse, children, and parents. If there are no immediate survivors, more remote relatives (for example, siblings) may have a claim in limited circumstances. The statutory framework that governs who may bring and benefit from the action appears in Pennsylvania's Wrongful Death Act (42 Pa.C.S. § 8301).

What damages are available?

Damages in a wrongful death action focus on what the survivors lost because of the death. Common recoverable items include:

  • Funeral and burial expenses
  • Loss of financial support and the value of services the decedent provided
  • Loss of companionship or consortium for close family members
Pennsylvania's wrongful death remedy does not typically allow recovery for the decedent's pre-death pain and suffering; those losses are pursued in a separate survival action by the estate. 1

Evidence, timing, and preservation

Before filing, gather and preserve evidence: accident reports, medical records, photos, witness statements, employment and income records, and bills for medical and funeral expenses. Pennsylvania sets time limits for filing wrongful death claims; missing the statutory deadline can bar recovery. Consult a lawyer promptly so key evidence is preserved and deadlines are met. 2

How a wrongful death lawyer helps

A wrongful death lawyer will investigate the facts, identify liable parties, marshal financial records to calculate economic loss, and, when appropriate, pursue claims for non-economic losses like loss of companionship. Many firms handle these cases on a contingent-fee basis, meaning they advance costs and get paid only if they obtain a recovery.

Practical next steps

If a family member has died and you believe another party is responsible, document everything, avoid discussing the case with insurers without counsel, and contact an attorney experienced in Pennsylvania wrongful death and survival actions as soon as possible. They will explain who must file, what damages are likely recoverable, and the relevant deadlines under Pennsylvania law. 3

  1. Confirm the current Pennsylvania statute citation and text governing wrongful death (42 Pa.C.S. § 8301) and whether any amendments have changed who may bring or benefit from a claim.
  2. Verify the statutory treatment and citation for survival actions in Pennsylvania and confirm that decedent pre-death pain and suffering are pursued under that separate remedy.
  3. Confirm the applicable statute of limitations for wrongful death actions in Pennsylvania and any exceptions or tolling rules.
  4. Verify the precise categories of recoverable damages under Pennsylvania law (funeral expenses, loss of support, loss of consortium, punitive damages availability).

FAQs about Pennsylvania Wrongful Death

Who can file a wrongful death claim in Pennsylvania?
The decedent's personal representative (executor or administrator) files the wrongful death action on behalf of eligible survivors such as a spouse, children, or parents; more remote relatives may be able to recover in limited circumstances. See Pennsylvania's Wrongful Death Act (42 Pa.C.S. § 8301).
What types of damages can survivors recover?
Survivors typically recover funeral and burial expenses, loss of financial support and services, and loss of companionship or consortium. The decedent's own pre-death pain and suffering is usually pursued in a separate survival action.
How long do I have to file a wrongful death claim?
Pennsylvania imposes statutory deadlines for wrongful death actions. Because the exact limitation period can depend on the details of the case, contact an attorney promptly to avoid missing the deadline.
Do I need a lawyer to pursue a wrongful death claim?
While not required, an experienced wrongful death lawyer helps preserve evidence, calculate damages, identify liable parties, negotiate with insurers, and litigate if necessary. Many lawyers take these cases on contingency.
Can the decedent’s pain and suffering be recovered?
Generally no, not in the wrongful death action. The estate can pursue a survival action for the decedent's pre-death claims, which may include pain and suffering.

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