Who Can File a Wrongful Death Claim in Pennsylvania

Pennsylvania has one plaintiff, the personal representative, who brings two related claims.

The personal representative files

Under 42 Pa.C.S. 8301, wrongful death claims must be filed by the personal representative of the deceased's estate.

Who benefits

The wrongful death damages are distributed to the spouse, children and parents in the shares they would receive under Pennsylvania intestacy law. If no one is eligible, the personal representative may recover hospital, medical, funeral and administration expenses.

What the family recovers

Funeral and qualifying medical expenses, lost financial contributions, services, guidance, comfort and society.

What the estate recovers

The Survival Act, 42 Pa.C.S. 8302, lets the estate recover loss of earnings from injury to death, loss of future earnings reduced by personal maintenance, the decedent's pain and suffering, loss of life's pleasures, and medical expenses.

No duplication

If both claims are filed, the damages may not be duplicative.

Injured in Pennsylvania?

A local personal injury attorney can review your claim — many offer a free consultation.

Talk to a Pennsylvania attorney

Official sources

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Pennsylvania's rules apply to your specific case with a licensed Pennsylvania attorney.