Pennsylvania runs two claims together: a wrongful death claim for the family's lost support, services and society, and a survival claim for the decedent's own pain and suffering and lost earnings. Neither is capped, and you have two years.
Enter the family's losses, the survival claim, and the fault split.
Pennsylvania allows a wrongful death action and a survival action. Wrongful death damages include funeral and qualifying medical expenses, lost financial contributions, services, guidance, comfort and society; survival damages include pre-death medical expenses, lost earnings and conscious pain and suffering.
The family's damages go to the spouse, children and parents in intestate shares. The deadline is two years from the date of death.
A local personal injury attorney can review your claim — many offer a free consultation.
This is an estimate for general guidance only and is not legal advice. Figures are based on the cited Pennsylvania statutes. Confirm how these rules apply to your specific case with a licensed Pennsylvania attorney.