Personal Injury
Wrongful Death Claims in Pennsylvania
Last updated April 2026
A loved one has been killed due to someone's negligence or misconduct. The loss is devastating. Now you're facing the added burden of understanding Pennsylvania's wrongful death law, determining who can bring a claim, and navigating 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're 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's not compensation to the decedent themselves; it's 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's as if the decedent is bringing the personal injury claim themselves.
If someone is killed instantly in a car accident, there's 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's no will, it's the administrator appointed by the probate court 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 decedent's lost earnings (from the date of death through the end of their projected work life), medical and hospital expenses from injury to death, and damages for loss of companionship and guidance.
Funeral and burial costs are straightforward. They're 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 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 from the date of the decedent's death to file a wrongful death lawsuit (42 Pa.C.S. § 5524). This is separate from the statute of limitations that would have applied to the decedent themselves if they had lived. The clock starts on the death date, not the date of injury.
This can create time pressure if settlement negotiations drag on. You must have a personal representative appointed and the lawsuit filed within two years. Don't 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 probate court and is appointed. If there's no will or the executor is unwilling or unable to serve, the court appoints an administrator based on statutory priority. Usually it's the surviving spouse, then adult children, then parents, then siblings.
Opening an estate involves filing documents with the orphans court in the county where the deceased lived, paying court fees, and obtaining letters of authority from the court. 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. Don't 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're grieving while simultaneously pursuing a lawsuit. You're reliving the events leading to death repeatedly in depositions, court filings, and trial preparation. You're 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'll 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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