Schuylkill County Wrongful Death Attorney

Pennsylvania Wrongful Death Law: What Families Need to Know

Who Can File a Wrongful Death Claim in Pennsylvania?

In Pennsylvania, a wrongful death claim must be filed by the personal representative of the deceased individual’s estate on behalf of the statutory beneficiaries. Under 42 Pa.C.S. §8301, those beneficiaries are limited to the surviving spouse, children, or parents of the deceased.

If the personal representative doesn’t file within six months of the death, the spouse, children, or parents may file the claim directly. If no eligible beneficiaries exist, the personal representative may bring a more limited action to recover medical, funeral, and estate administration expenses. There is no Pennsylvania residency requirement; beneficiaries don’t need to be residents of the Commonwealth to file.

Damages Available in a Wrongful Death Case

When liability is established, compensation can address both the financial contributions the deceased would have provided and the losses the family now carries. The surviving spouse, dependent children, or parents can seek recovery for:

• Loss of consortium
• Projected future earnings and financial contributions
• Medical and funeral expenses
• Pain and suffering of the victim prior to death
• Loss of household services
• Loss of parental guidance and moral upbringing for minor children
• Emotional suffering of surviving family members

Pennsylvania doesn’t cap compensatory damages in wrongful death cases except where a government entity is the defendant. The value of each claim reflects the specific losses the family has suffered, and damages are distributed to eligible beneficiaries in proportion to how they would inherit under Pennsylvania intestacy law.

Wrongful Death Action vs. Survival Action

Pennsylvania recognizes two distinct claims that can arise from a fatal accident: a wrongful death action under 42 Pa.C.S. §8301 and a survival action under 42 Pa.C.S. §8302. Each captures a different category of loss, and understanding the difference matters for your family’s recovery.

A wrongful death action compensates surviving family members for their own losses, including financial support, companionship, and funeral expenses. A survival action recovers damages the deceased could have claimed had they survived, including pre-death pain and suffering, related medical bills, and lost earning capacity; that recovery flows into the decedent’s estate. Both claims can be filed together, giving the family access to the full range of compensation available under Pennsylvania law.

One critical distinction: the statute of limitations for a survival action runs from the date of the decedent’s injury, not the date of death. That can make the survival action deadline shorter than the wrongful death deadline, which is why families with concurrent claims need legal guidance as early as possible.

Pennsylvania’s Two-Year Filing Deadline

Pennsylvania requires wrongful death claims to be filed within two years of the date of death under 42 Pa.C.S. §5524(2). Missing that deadline generally ends a family’s right to seek compensation, regardless of how strong the underlying claim may be.

Investigation, expert review, and case preparation all take time. Reaching out to a wrongful death attorney well before the deadline gives our team the opportunity to build the strongest possible case. And because the survival action deadline may run from the date of injury rather than the date of death, families with both claims may face an earlier cutoff than they realize. Don’t wait.