Wrongful Death Claims in Pennsylvania

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.

Two Separate Legal Claims: Wrongful Death and Survival

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.

Who Can Bring the Wrongful Death Claim

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.

That is the general rule, and it is the only route for the first six months after the death. If no wrongful death action has been filed within six months, Pa.R.C.P. 2202(b) also allows any person entitled to recover, meaning a spouse, child, or parent, to bring the action as trustee ad litem on behalf of everyone entitled to share in the damages. No estate has to be raised for that. It matters when nobody can obtain letters, such as a fight over who should serve or an estate with no assets worth probating.

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.

Damages Available in Wrongful Death Claims

Pennsylvania imposes no cap on wrongful death damages against a private defendant. The wrongful death claim covers funeral and burial expenses, medical and hospital expenses from injury to death, damages for loss of companionship and guidance, and the financial support the decedent would have provided to the family from the date of death through the end of their projected work life. The survival action, by contrast, recovers the decedent's lost gross earnings from the date of injury to death, plus the decedent's lost earning power for the remainder of the estimated working life, reduced by what the decedent would have spent on personal maintenance. It is a separate recovery from the wrongful death claim, and it is not the decedent's full, undiscounted earnings stream.

If the defendant is a government body, statutory ceilings apply. Damages against a local agency, meaning a government unit other than the Commonwealth such as a township, borough, county, school district, or municipal authority, cannot exceed $500,000 in the aggregate for everything arising from the same occurrence (42 Pa.C.S. § 8553(b)). That is a single pot shared by every claimant, not $500,000 each. Damages against a Commonwealth party cannot exceed $250,000 for any one plaintiff or $1,000,000 in the aggregate (42 Pa.C.S. § 8528(b)). Both statutes carry narrow exclusions. If a government vehicle or a government employee may be involved, ask a lawyer about the cap before you form any expectation about recovery.

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 companionship of a child? 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.

The Statute of Limitations: Two Years from Date of Death

Pennsylvania law gives you two years to file, but the two claims can run on different clocks. The statute of limitations for the wrongful death claim is two years from 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. In most cases you will have a personal representative appointed and the lawsuit filed within two years. The deadline is firm either way, whether the plaintiff is the personal representative or a trustee ad litem. Do not assume you have more time.

Opening an Estate: The Usual First Step

Most wrongful death claims are brought by 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. For letters of administration, 20 Pa.C.S. § 3155(b) sets the order: those entitled to the residuary estate under the will, then the surviving spouse, then those entitled under the intestate law, then the decedent's principal creditors, then other fit persons. Within the intestate class the Register decides who will best administer the estate, giving preference according to the size of each person's share. The Register may depart from this order for good cause.

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 action for the benefit of the spouse, children, or parents, and the survival action on behalf of the estate. The wrongful death recovery goes to those family members and is not subject to the decedent's creditors.

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. If no personal representative can be appointed at all, do not assume the claim is lost. Call a lawyer well before the two years run.

Common Causes of Wrongful 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. Pennsylvania's Workers' Compensation Act makes workers' compensation the exclusive remedy against the employer in almost every case, so the family generally cannot sue the employer directly for wrongful death, even where the employer was negligent. 77 P.S. § 481(a). What the family usually can pursue is a wrongful death claim against a negligent third party who is not the employer: the maker of defective equipment, a subcontractor on the site, a property owner who was not the employer, or another company whose negligence contributed to the death. Workers' compensation death benefits are paid regardless of fault, and a third-party wrongful death claim can recover damages workers' compensation does not cover. Because the exclusivity bar and its exceptions are fact-specific, talk to a lawyer before assuming who can be sued.

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.

The Reality of Wrongful Death Cases

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 against a private defendant are uncapped in Pennsylvania, but they 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.

Next Steps After a Death

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.

Legal and factual content on this page was last verified: Sep. 2026. If you are reading this significantly after that date, confirm key provisions with current statute text or contact our office.