Filing a Wrongful Death Claim in Pennsylvania
Under Pennsylvania’s Wrongful Death Act, 42 Pa.C.S. § 8301, only the personal representative or executor of a deceased person’s estate can file a wrongful death claim, strictly on behalf of their closest surviving relatives.
If you are eligible to do so, the Act allows you to file an action when someone has passed away due to another party’s wrongful acts, negligence, or neglect.
Who Benefits from a Wrongful Death Action?
In Pennsylvania, wrongful death compensation is typically awarded to the deceased person’s surviving spouse, parents, or children. If none of these parties survive, siblings could also receive it, but aunts, uncles, and other family members are excluded by law.
State courts also have a strict hierarchy for distributing settlements based on the deceased’s surviving family structure:
- If only the spouse survives, they receive 100% of the settlement;
- If only the children survive, the settlement is divided equally between them;
- If the deceased has a living spouse, children, and/or parents, the spouse will receive the first $30,000 of the settlement plus half of its balance, while the rest is shared between their children and parents;
- Should only the parents survive, they receive the proceeds in full.
Wrongful Death Damages in Pennsylvania
The Wrongful Death Act allows eligible family members to seek both financial and non-economic damages for a loved one’s passing. The statute also permits these family members to recover compensation for fatal injury-related expenses relating to:
- Medical, nursing, and hospital treatments
- Funeral services
- Estate administration
Additionally, a separate survival action (under 42 Pa.C.S. § 8302) can preserve any claims that the deceased filed before their death. The state gives eligible parties two years from the date of death to file a claim to recover wrongful death-related damages, but certain rules, such as the Discovery Rule or Fraudulent Concealment Rule, could impact this deadline.