When a loved one dies because of someone else’s negligent or wrongful actions, surviving family members are left grieving and often facing unexpected financial burdens. In Pennsylvania, the law allows for a wrongful death claim to be filed to seek compensation for the losses suffered. These civil cases help hold the responsible party accountable and provide support to the family left behind.
Who Can File a Wrongful Death Claim in Pennsylvania?
In Pennsylvania, only the personal representative (also known as the executor) of the deceased person’s estate may file a wrongful death lawsuit. This person is usually named in the will or appointed by the court. If the personal representative does not file a claim within six months of the date of death, any of the eligible beneficiaries may file the claim instead.
Beneficiaries can include:
- Spouse
- Children
- Parents
If no eligible relatives are living, the estate may still recover limited damages.
What Qualifies as a Wrongful Death in Pennsylvania?
A wrongful death occurs when someone dies due to the negligence, carelessness, or wrongful act of another person or entity. Common causes of wrongful death include:
- Car and truck accidents
- Motorcycle and bicycle crashes
- Pedestrian accidents
- Medical malpractice
- Nursing home neglect
- Workplace accidents
- Defective products
- Criminal assaults or violence
Essentially, if the deceased could have filed a personal injury lawsuit had they survived, a wrongful death claim may now be appropriate.
What Compensation Is Available?
Wrongful death claims in Pennsylvania may provide both economic and non-economic damages. These include:
- Funeral and burial expenses
- Medical bills related to the fatal injury
- Lost wages and benefits the deceased would have earned
- Loss of services, companionship, and guidance
- Mental anguish of surviving loved ones
Punitive damages may be awarded in rare cases involving extreme recklessness or intentional misconduct.
Time Limit to File a Wrongful Death Claim in Pennsylvania
The statute of limitations for wrongful death lawsuits in Pennsylvania is two years from the date of death. Failing to file within this period can result in losing the right to pursue compensation.
It’s important to act quickly so an attorney can preserve evidence and build a strong case.
Car Accidents and Wrongful Death in Pennsylvania
Traffic crashes are one of the most common causes of wrongful death in the state. Whether the death resulted from distracted driving, drunk driving, speeding, or reckless behavior, families may be eligible to file a claim.
Pennsylvania follows a modified comparative negligence rule. If the deceased was less than 51% at fault, their family may recover compensation, although the award will be reduced if they shared partial fault.
Fatal Work Accidents and Additional Legal Options
When a worker dies on the job, the family may receive death benefits through the Pennsylvania workers’ compensation system.
If a third party—such as a subcontractor, manufacturer, or negligent driver—contributed to the fatality, the family may also pursue a wrongful death lawsuit against that party for additional damages not covered by workers’ comp.
Frequently Asked Questions About Wrongful Death in Pennsylvania
What happens if there is no will?
If there is no will, the court will appoint a personal representative (often a close family member) to handle the estate and file the wrongful death claim.
Can siblings file a wrongful death claim?
Generally, only the spouse, children, or parents of the deceased are considered beneficiaries. Siblings are typically not eligible unless they are named in a will or qualify under specific circumstances.
Is a wrongful death claim the same as a survival action?
No. A wrongful death claim compensates surviving family members. A survival action is filed on behalf of the deceased’s estate to recover damages the deceased could have claimed if they had survived, such as pain and suffering before death.
Can a criminal conviction help a wrongful death case?
Yes. While a conviction is not required, it may strengthen a civil wrongful death claim. Civil cases have a lower burden of proof than criminal trials.
Speak With a Pennsylvania Wrongful Death Lawyer
If your loved one died in an accident that should never have happened, a Pennsylvania wrongful death attorney can help you understand your rights and options. Taking legal action may provide your family with the financial support and closure needed to move forward. Contact a lawyer today for a free consultation.