Wrongful Death Law in Pennsylvania

The lawsuit must be filed by the personal representative of the deceased person's estate—typically an administrator or executor appointed by the court. The claim is brought for the benefit of the surviving spouse, children, or parents. If no one files within six months of the death, any person entitled to receive damages may file as a trustee ad litem on behalf of all eligible beneficiaries, as provided by Pennsylvania Rule of Civil Procedure 2202.

Pennsylvania law sets a two-year statute of limitations for wrongful death claims under 42 Pa.C.S. § 5524. The clock generally begins on the date of death. Waiting too long will very likely result in losing the right to sue, regardless of how strong the underlying facts are.

In a wrongful death action, recoverable amounts can include funeral and burial costs, medical and hospital expenses incurred before death, and the financial support and benefits the surviving family members would have received. Under the separate survival action, the estate may also recover for the deceased person's pain and suffering, lost wages, and other losses experienced between the injury and the death.

A wrongful death claim compensates the surviving family members—spouse, children, or parents—for their own losses caused by the death. A survival action continues the legal claims the deceased person could have brought if they had survived, and recovery goes to the estate. Both arise from the same incident and are typically filed at the same time under Pennsylvania law.

Under Pennsylvania's Wrongful Death Act (42 Pa.C.S. § 8301), only the deceased person's spouse, children, or parents are entitled to wrongful death damages. Siblings, grandparents, domestic partners, and other relatives are not eligible beneficiaries under this statute, even if they were financially dependent on the deceased.

Yes. When a wrongful death claim is based on alleged negligence by a licensed professional such as a physician or nurse, Pennsylvania requires a Certificate of Merit under Pennsylvania Rule of Civil Procedure 1042.3. This certificate must be signed by an appropriate licensed professional confirming there is a reasonable basis to allege a deviation from accepted standards of care. It must generally be filed with the complaint or within 60 days of filing.

No. Under Pennsylvania's Wrongful Death Act, damages paid in a wrongful death action go directly to the eligible beneficiaries—spouse, children, or parents—and are not subject to the deceased person's debts or creditors. By contrast, proceeds from a survival action belong to the estate and may be reached by the decedent's creditors.