Wrongful Death Claim in Pennsylvania
Pennsylvania’s Wrongful Death Act allows an action when a person dies because of another party’s wrongful act, neglect, unlawful violence or negligence. The statutory rules determine who brings the action and who may benefit from it.
Under 42 Pa.C.S. § 8301, the wrongful death right of action exists for the benefit of the deceased person’s spouse, children or parents. Pennsylvania procedural rules generally provide for the personal representative of the estate to bring the action for those beneficiaries. If an action is not brought within the period specified by the procedural rules, additional rules can affect who may commence it on behalf of the beneficiaries.
Who Benefits From a Wrongful Death Action
Wrongful death damages can include certain losses suffered by the eligible family members. The statute also expressly permits recovery of reasonable hospital, nursing, medical, funeral and estate administration expenses necessitated by the injuries causing death. A separate survival action may preserve claims that belonged to the deceased person before death, so the two causes of action should not be confused.
Pennsylvania generally imposes a two-year limitation on an action to recover damages for death caused by wrongful conduct, although calculating the correct deadline and party to file can involve additional rules.
Pennsylvania Wrongful Death Damages
Because wrongful death cases involve both estate and family interests, it is important to identify the personal representative and beneficiaries early. A Pennsylvania wrongful death lawyer can explain who is entitled to participate, whether a survival claim also exists and what damages may be recoverable. The precise rights depend on the family relationships and facts of the death.