Wrongful Death in Pennsylvania
When negligence takes a life, Pennsylvania law provides two distinct claims — one for the family's losses and one for the estate.
What you should know
A wrongful-death action (42 Pa.C.S. § 8301) compensates surviving family members for their losses, while a survival action (42 Pa.C.S. § 8302) is brought by the estate for what the decedent could have recovered had they lived. The two-year deadline for wrongful death generally runs from the date of death.
What typically causes them
- Fatal car and truck crashes
- Motorcycle and pedestrian fatalities
- Medical negligence
- Defective products
- Workplace and construction deaths
- Premises hazards
Injuries we see
- Fatal traumatic injuries
- Loss of financial support
- Loss of companionship and guidance
- Funeral and burial expenses
- Pre-death pain and suffering
- Loss of the decedent's future earnings
Steps to take after a wrongful death
- 1
Preserve all evidence and records
- 2
Obtain the death certificate and any police report
- 3
Avoid statements to insurers
- 4
Identify eligible beneficiaries
- 5
Keep records of expenses
- 6
Consult an attorney about both claims
Wrongful death and survival claims are usually filed together but recover different damages and are distributed differently. Strict deadlines and beneficiary rules make early legal guidance important.
Recovery can include lost financial support, funeral costs, loss of companionship, and — through the survival action — the decedent's pre-death pain and lost future earnings.
A wrongful-death claim in Pennsylvania generally must be filed within two years of the date of death (42 Pa.C.S. §§ 8301, 5524).
Keep reading before you talk to an adjuster
Don't let a Pennsylvania wrongful death ruin your future.
The clock is ticking on Pennsylvania's 2-year statute of limitations. Get a free, no-obligation case review now.