Bereaved Rights

State wrongful death guide

Pennsylvania Wrongful Death Law Guide

This guide explains Pennsylvania wrongful death law clearly — who may sue, deadlines, damages available, and what the court process looks like. It is general information only, not legal advice.

Quick facts for Pennsylvania

  • Who can file: In Pennsylvania, **only certain family members** can sue: the surviving spouse, children, or parents of the deceased. If none of those relatives survive, the personal representative of the estate may file a limited claim only for funeral and medical expenses.
  • Deadline to file: Pennsylvania wrongful death lawsuits generally must be filed within two years of the decedent’s death.
  • Key statute: 42 Pa. Cons. Stat. § 8301

Types of compensation families may pursue

  • Decedent’s final medical and hospital expenses
  • Reasonable funeral and burial costs
  • Lost earning capacity or financial support the decedent would have provided
  • Value of household services (care, childcare, etc.) lost
  • Loss of society, comfort, guidance, or companionship
  • Punitive damages, in limited cases (e.g., for intentional or grossly negligent acts)

There is **no statutory cap** on wrongful death damages in Pennsylvania. All recoverable damages (as allowed by law) may be awarded, subject only to general legal rules and proof.

Pennsylvania Wrongful Death Law Guide

When a loved one is killed in Pennsylvania by someone else’s negligence or wrongdoing, the law provides a way for families to seek compensation. This guide explains who can sue, how long you have to sue, what damages you can recover, and other state rules — all in straightforward language (remember, this is general information only, not legal advice).

1. What counts as wrongful death in Pennsylvania

A wrongful death action is appropriate when someone’s death is caused by another’s wrongful act, neglect, or violence — effectively when the victim could have filed a personal injury lawsuit had they survived. Examples include fatal car crashes, workplace accidents, medical malpractice resulting in death, defective product fatalities, and intentional acts (like homicide). The core idea is: someone else’s fault caused the death, leading to losses for the family.

2. Who can bring a Pennsylvania wrongful death case?

Pennsylvania law is specific about who qualifies to sue: only the deceased’s surviving spouse, children, or parents can bring a wrongful death claim. These survivors receive any damages. If the person left no spouse, child, or parent, the personal representative can sue, but only to recover the decedent’s reasonable medical and funeral expenses. Other relatives (like siblings or cousins) cannot sue.

How it works: Typically, the personal representative files the case in court on behalf of all beneficiaries (spouse, kids, parents). The statute ensures that only those key family members can benefit from the recovery.

3. How long do you have to file?

In Pennsylvania, you usually have two years from the date of the decedent’s death to file a wrongful death lawsuit. If you miss this two-year deadline, you generally lose the right to sue. (For death caused by certain crimes, additional time may be allowed, but always check the specific laws or talk to a lawyer.)

4. What damages are available in Pennsylvania?

Pennsylvania allows families to recover a wide range of damages. These aim to compensate both economic harm and the loss of the decedent’s contributions and companionship. Specifically:

  • Medical and Funeral Costs: You can recover the reasonable value of the decedent’s final hospital, nursing, and medical bills, as well as funeral and burial expenses.
  • Lost Support and Services: Compensation for the financial support and benefits (wages, inheritance, etc.) that the family would have received from the deceased, as well as the value of household services (like childcare or maintenance) they lost.
  • Loss of Society/Comfort: Pennsylvania explicitly allows damages for the loss of society, comfort, guidance and companionship that survivors suffer. In everyday terms, this means the emotional and relational loss a spouse or child feels from losing their loved one.
  • Pain and Suffering of the Deceased: The family can sometimes recover for the pain and suffering the victim experienced before death. (This aspect can be subtle, but generally it is included in damages.)
  • Punitive Damages: While rare, punitive damages may be available against defendants in cases of intentional or extremely reckless conduct (e.g., DUI manslaughter, intentional violent acts).

Pennsylvania law specifically allows recovery for all of the above where proven. For example, the statutes refer to “pecuniary injuries” and also explicitly authorize funeral, medical, and hospital expenses.

5. Are there any caps or limits?

Pennsylvania imposes no special caps on wrongful death awards. Damages are awarded according to the above categories without a flat limit, as long as they are proven and reasonable. (Note: Pennsylvania does have separate damage caps for some medical malpractice suits, but those typically limit non-economic damages and are handled differently; wrongful death claims by a victim’s family are not subject to the same medical cap rules.)

6. Key differences and special rules in Pennsylvania

  • Distribution Rules: When multiple beneficiaries survive, Pennsylvania law has a statutory split. For example, if the deceased leaves a spouse and children, the spouse gets the first $30,000 of the award plus one-half of the balance, and the children split the rest. If there is no spouse, all damages go to the children or, if none, to the parents. These rules ensure a fair division based on family structure.
  • No Other Relatives: Unlike some states, siblings and more distant relatives cannot claim anything from a wrongful death award in PA. Only spouse, children, and parents benefit.
  • Survival Claims: Pennsylvania allows a survival action (42 Pa.C.S. § 8302) that the estate can bring for the deceased’s own pre-death losses. This is different from wrongful death, which compensates the survivors.
  • Comparative Fault: Pennsylvania follows pure comparative negligence. If the decedent was partially at fault for what happened, the damages are reduced proportionally; they are not completely barred (unlike strict contributory states).
  • Criminal Cases: If a criminal is convicted of causing the death, that alone doesn’t prevent a family’s civil suit. However, any criminal restitution or victim compensation the family receives may be deducted from the civil award.

Example Scenarios for Pennsylvania

  • Fatal Car Accident: Suppose a drunk driver kills a parent. The surviving spouse and children can sue for their share of the lost wages, benefits, home services, as well as for loss of companionship. Funeral costs and the decedent’s medical bills are also recoverable.
  • Medical Malpractice: If a surgeon’s error causes death, the patient’s spouse and kids can recover for the decedent’s hospital bills and the financial support the family lost. Emotional losses (loss of society) are allowed under PA law.
  • Workplace Death: When a construction worker dies due to negligence on the job, the family (spouse/children) can claim what the worker would have earned and provided, plus funeral expenses.
  • Defective Product: If a defective appliance or vehicle part causes a fatal accident, the decedent’s family can sue for both the decedent’s suffering and for their lost economic support, as well as medical and funeral costs.
  • Criminal Act (Intentional): If a person is murdered, surviving spouse or children may sue the murderer (or others responsible) for the loss of income and support, plus the emotional loss of the relationship.

In all these cases, the right to sue, the time limit, and the division of any award follow Pennsylvania law as outlined above. Again, this is an overview. Families often consult an attorney to navigate the detailed process and ensure everything is filed correctly.

Common questions about wrongful death

These answers are general information only and are not legal advice. Laws can change, and how they apply depends on your specific situation.

What is a wrongful death claim? +

A wrongful death claim is a civil action brought when someone's death is caused by another party's negligence, recklessness, or intentional act. The claim is usually filed by surviving family members or a court-appointed representative to seek compensation for their losses.

How long do I have to file a wrongful death lawsuit in Pennsylvania? +

Most Pennsylvania wrongful death lawsuits must be filed **within two years of the date of death**. If the claim is filed after this two-year deadline, courts almost always dismiss it. Pennsylvania also has a six-month rule: the personal representative has the exclusive right to file the lawsuit during the first six months after death. After that, any eligible beneficiary may file. Claims involving medical malpractice, minors, or government defendants may involve additional timing rules or notice requirements. Because the statute of limitations is strict, families are encouraged to seek legal guidance early to preserve their rights. This answer is informational only and not legal advice.

What damages are available in a Pennsylvania wrongful death case? +

Pennsylvania allows families to recover damages that reflect the financial and personal impact of losing a loved one. **Wrongful death damages** may include: - Funeral and burial expenses - Medical expenses related to the final injury or illness - Loss of the decedent’s financial support and household services - Loss of companionship, comfort, and guidance **Survival action damages**, recovered by the estate, may include: - The decedent’s conscious pain and suffering - Lost wages and benefits between the injury and death - Medical expenses incurred before death - Property damage Pennsylvania does **not** impose a general damages cap on wrongful death cases, except in certain claims against government entities. Grief and emotional distress damages are not awarded directly in wrongful death actions, but the loss of guidance, society, and companionship helps capture some of the emotional impact. This answer is informational only and not legal advice.

Who can file a wrongful death lawsuit in Pennsylvania? +

In Pennsylvania, a wrongful death lawsuit is usually filed by the **personal representative** of the deceased person’s estate. This representative is named in the will or appointed by the Register of Wills. If the personal representative does not file the lawsuit within **six months** of the date of death, any of the beneficiaries who are entitled to recover damages may file the action instead. Beneficiaries generally include the surviving spouse, children, and parents. If none of these relatives exist, a wrongful death action cannot be maintained, although a separate survival action may still be available. Wrongful death damages compensate the family’s losses, while the companion survival action compensates the decedent’s own injuries before death. This answer is informational only and not legal advice.