Personal Injury
Wrongful Death Claims in Pennsylvania
Last updated April 2026
A loved one has been killed by someone's negligence or misconduct. The loss is devastating. Now you face the added burden of understanding Pennsylvania's wrongful death law, determining who can bring a claim, and working through the legal and emotional complexities that follow.
Pennsylvania law recognizes two distinct claims when someone dies due to another's negligence: a wrongful death action and a survival action. They serve different purposes and recover different damages, but they are brought together as part of the same lawsuit.
The wrongful death claim is brought under 42 Pa.C.S. § 8301. It exists for the benefit of the decedent's family members who survive them. The claim compensates the surviving family for the loss of the deceased, including lost earnings, lost guidance, lost companionship, and lost services that the decedent provided. It is not compensation to the decedent themselves; it is compensation to those left behind.
The survival action is brought under 42 Pa.C.S. § 8302. It exists for any claim the decedent themselves could have brought if they had survived. If the death came after a period of pain and suffering (for instance, an accident where the victim lived for days or weeks in the hospital before succumbing to injuries), the survival action compensates for that pain and suffering. It is as if the decedent is bringing the personal injury claim themselves.
If someone is killed instantly in a car accident, there is no pain and suffering to recover under survival, but the wrongful death claim compensates the family for loss of earnings and companionship. If someone is hospitalized for weeks after an accident and dies, the survival action captures those weeks of pain and suffering, and the wrongful death action captures the family's ongoing loss.
The wrongful death claim is brought by the personal representative of the decedent's estate. The personal representative is the executor named in the deceased's will, or if there is no will, it is the administrator appointed by the Register of Wills in the county where the deceased lived. Opening an estate is the first step.
The claim benefits the spouse, children, and parents of the deceased. If the deceased had a spouse, that spouse's loss of companionship is the highest priority in recovery. If there are minor children, their loss of parental guidance and support is significant. If the deceased was young and earned substantial income, the loss of earnings to a dependent spouse and children is substantial.
If the deceased had no spouse or children, parents can bring the claim for loss of their child's companionship and any financial support the deceased provided. More distant relatives such as siblings and grandchildren generally cannot bring a wrongful death claim, though they may inherit from the estate.
Pennsylvania law imposes no cap on wrongful death damages. Recovery can include funeral and burial expenses, the loss of the financial support the decedent would have provided (from the date of death through the end of their projected work life; the decedent's full lost earnings stream is recovered through the companion survival action), medical and hospital expenses from injury to death, and damages for loss of companionship and guidance.
Funeral and burial costs are straightforward. They are documented and recoverable: cremation, cemetery plot, gravestone, and burial service are all included.
Lost earnings are computed using expert testimony. If a 45-year-old making $80,000 per year was killed, an economist calculates expected earnings through age 65 or 67 (depending on work-life expectancy), accounting for inflation and raises, then discounts that total to present value. The calculation is complex but standard in wrongful death cases.
Loss of companionship is subjective but recoverable. How much is the loss of a spouse's company, the guidance of a parent, the relationship with a sibling? A jury decides based on the testimony of family members. A young spouse with decades of lost married life might recover $200,000 to $500,000 or more for loss of companionship. A child losing a parent gets compensation for lost guidance. The amounts vary widely.
Medical and hospital expenses incurred before death are also recoverable under the survival action if there was a period of conscious suffering.
Pennsylvania law gives you two years to file, but the two claims can run on different clocks. The wrongful death claim must be filed within two years of the date of death (42 Pa.C.S. § 5524(2)). The survival action generally must be filed within two years of the date the decedent's own cause of action accrued, which is usually the date of injury, not the date of death. The one major exception is medical malpractice: under the MCARE Act (40 P.S. § 1303.513), both the wrongful death and survival claims run from the date of death. If your loved one was injured well before they died, do not assume the survival claim's deadline runs from the death date. Have a lawyer pin down both deadlines early.
This can create time pressure if settlement negotiations drag on. You must have a personal representative appointed and the lawsuit filed within two years. Do not assume you have more time.
To bring a wrongful death claim, you need a personal representative. If the deceased had a will naming an executor, that person files the will with the Register of Wills and is appointed. If there is no will or the executor is unwilling or unable to serve, the Register of Wills appoints an administrator based on statutory priority. Usually it is the surviving spouse, then adult children, then parents, then siblings.
Opening an estate involves filing with the Register of Wills in the county where the deceased was domiciled, paying court fees, and obtaining letters (letters testamentary if there is a will, or letters of administration if there is not) from the Register of Wills. The Orphans' Court Division comes into play only if there is a dispute, such as a contest over who should serve. The personal representative then has standing to bring the wrongful death lawsuit on behalf of the estate and the beneficiaries.
This process can take 2-4 weeks if uncontested, or longer if there are disputes over who should serve as representative. Do not delay. Start the probate process immediately after death.
Medical malpractice causes wrongful death when a doctor, hospital, or healthcare provider's negligence kills a patient. Misdiagnosis, surgical error, medication error, and failure to monitor can all be fatal. Medical malpractice wrongful death cases are complex, require expert witnesses, and face significant defenses from hospitals and malpractice insurers.
Car accidents kill people. If a drunk driver kills someone, or a negligent driver causes a multi-vehicle collision resulting in death, the wrongful death claim is against the driver and their auto insurance. These cases are often clearer than medical malpractice in terms of liability.
Workplace accidents kill. If inadequate safety procedures, failure to maintain equipment, or employer negligence results in death, the family has a wrongful death claim. Workers' compensation provides some benefits, but a wrongful death lawsuit can recover additional damages.
Defective products kill. A car with a design flaw, a medication with inadequate warnings, or a tool with a manufacturing defect can all result in death. Product liability wrongful death cases involve manufacturers and distributors.
These cases are emotionally devastating. You are grieving while pursuing a lawsuit at the same time. You are reliving the events leading to death repeatedly in depositions, court filings, and trial preparation. You are quantifying in dollars the loss of a person you loved. This is hard.
Wrongful death cases also take significant time. Discovery is extensive. Defendants fight hard because the stakes are high. Medical malpractice wrongful death cases can take 2-3 years or longer to resolve. The litigation costs are substantial: expert witness fees, depositions, and court costs all add up. These costs are paid from the recovery.
Damages, while uncapped in Pennsylvania, are still finite. A 30-year-old earning $50,000 per year and with 35+ years of work life ahead can generate $1.5 to $2 million in lost earnings. But a 70-year-old in retirement generates much less. A teenager generates lost earnings based on statistical averages, which is inherently speculative.
Insurance companies and defendants know the damages math. They make offers based on actuarial calculations. Settlement discussions can feel cold and transactional, which is the legal system's limitation in dealing with human loss.
If your loved one has been killed due to someone's negligence or misconduct, your immediate priorities are grief support and practical necessities. Open an estate with a probate attorney. Notify the at-fault party's insurance company if you know who they are. Preserve evidence including police reports, hospital records, photographs, and witness information.
Then consult a personal injury attorney about your wrongful death claim. Some cases require specialists. Medical malpractice wrongful death cases, for instance, need expert witnesses and years of litigation. Others are more straightforward. We will evaluate the facts, determine who the defendant is, and advise you on realistic recovery and timeline.
This process is long and painful. But your loved one's death should not be ignored. The person responsible should be held accountable. Call us at 215-949-0888. Learn more about opening an estate and executor responsibilities.
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