What is a wrongful death claim in Pennsylvania?
A wrongful death claim seeks damages when a person dies because of another's wrongful act, neglect, unlawful violence or negligence. In Pennsylvania it is filed together with a survival claim, and the two cover different losses: the wrongful death claim compensates the family, and the survival claim continues the claim the person could have brought if they had lived.
Common grounds include fatal car, truck, motorcycle and pedestrian crashes, medical malpractice, nursing home neglect, falls on unsafe property, construction accidents, and dangerous conditions on government property. The legal proof is the same as in an injury case: someone owed a duty of care, broke it, and caused the death.
Wrongful death (§ 8301) vs survival action (§ 8302)
Pennsylvania splits a death case into two claims under two statutes. Understanding the difference explains who gets paid, what is recoverable, and why the estate has to be opened before the case can move.
The wrongful death action: the family's losses
Who benefits: under 42 Pa.C.S. § 8301(b), the wrongful death claim exists only for the benefit of the spouse, children or parents of the person who died. The damages are divided among them in the shares they would receive under Pennsylvania's intestacy rules, and they are not subject to claims by the deceased person's creditors.
Who files: under Pennsylvania Rule of Civil Procedure 2202, the personal representative of the estate brings the claim on behalf of those family members. If no wrongful death action has been filed within six months after the death, any person entitled to share in the damages may bring it for everyone who is entitled.
What it covers: the statute allows recovery of reasonable hospital, nursing, medical and funeral expenses and the expenses of administering the estate that the injuries made necessary. Beyond those costs, the claim generally covers the financial support the person would have provided to the family, and the value of the services, guidance and care they gave, such as childcare, household help and a parent's guidance. If no spouse, child or parent survives, the personal representative may still recover the medical, funeral and administration expenses.
The survival action: the person's own claim
Who benefits: under 42 Pa.C.S. § 8302, a cause of action survives the death of the injured person. The survival claim belongs to the estate, so any recovery passes through the estate under the will or, if there is no will, under intestacy rules. Unlike wrongful death damages, it can be reached by the estate's debts.
Who files: the personal representative of the estate, meaning the executor named in a will or an administrator appointed by the Register of Wills in the county where the person lived.
What it covers: the survival claim generally covers the losses the person would have claimed had they lived. That includes the conscious pain and suffering they experienced between the injury and death, and their lost earnings, including the earning capacity they lost over their expected working life, reduced by what they would have spent on their own personal maintenance. Damages already recovered in one claim cannot be recovered again in the other.
What must be proven
The family has to show the same things an injured person would: the defendant owed a duty of care, breached it, and that breach caused the death. Pennsylvania's modified comparative negligence rule also applies. If the person who died shared some fault, the damages are reduced by that share, and recovery is barred if their share was greater than the combined fault of the defendants.
Evidence often includes the police crash report, scene photos, surveillance or dash camera video, medical and autopsy records, witness statements, and the person's income and tax records. In medical cases, a certificate of merit and review by a qualified medical professional are required.
Cases often involve more than one responsible party, such as a driver and the company that employed them, or a property owner and a security contractor. Identifying every party and every insurance policy early matters, because the family's losses can extend over decades.
How long do you have to file?
Wrongful death and survival claims in Pennsylvania generally must be filed within two years under 42 Pa.C.S. § 5524. When the death came from medical care, the MCARE Act generally requires those claims to be filed within two years after the death, unless the cause of death was misrepresented or concealed.
If a government agency may be responsible, including SEPTA or a city or township, written notice is generally required within six months under 42 Pa.C.S. § 5522, and government immunity rules limit when those claims can proceed and how much can be recovered. Opening the estate also takes time. Talk to a lawyer early.
Opening the estate and first steps
Because the personal representative brings both claims, the first practical step is usually opening an estate with the Register of Wills. In Philadelphia that office is at City Hall; in Delaware County it is in Media. If the person had a will, the named executor usually applies. If not, a family member can apply to be administrator.
Keep funeral and medical bills, pay stubs and tax returns. Don't give recorded statements to an insurance company or sign releases before you get advice. Insurers sometimes contact grieving families early, and a quick settlement can give up claims the family did not know it had.
Talk with Warren about your family's case
Warren I. Siegel has practiced in Pennsylvania since 1992. He has served as a Settlement Master for the Court of Common Pleas and a Discovery Master in medical malpractice matters for the Philadelphia court system, and he has argued before the Pennsylvania Superior Court. He will explain both claims in plain terms and how they apply to your family.
Your Legal Warrior handles wrongful death cases on a 100% contingency fee. There is no attorney fee unless we recover. The firm advances all case costs, which are repaid only from a recovery. If there is no recovery, you owe nothing. Call (267) 412-4601, answered 24 hours a day, 7 days a week, or send the free case review form.
Questions People Ask About Wrongful Death Claims
Who can file a wrongful death lawsuit in Pennsylvania?
The personal representative of the estate files it for the benefit of the spouse, children or parents. If no action is filed within six months after the death, any family member entitled to share in the damages may file it for all of them.
What is the difference between a wrongful death and a survival claim?
The wrongful death claim compensates the spouse, children or parents for their own losses, such as lost support and services and funeral costs. The survival claim belongs to the estate and covers the losses the person could have claimed, such as pain and suffering before death and lost earning capacity.
Is it hard to win a wrongful death case?
It depends on the evidence of fault and causation. The legal standard is the same as an injury case, but the person who knew firsthand what happened is gone, so early evidence gathering, including video, witnesses and records, matters a great deal.
How much money can a family recover for wrongful death?
It depends on the person's age, income, family role, the medical and funeral costs, and any pain before death. Pennsylvania's Constitution bars the legislature from capping recovery for death in cases against private defendants, though government defendants have statutory limits. We won't predict a number before reviewing the facts.
What are the typical grounds for a wrongful death claim?
Any death caused by negligence or wrongful conduct: vehicle crashes, medical malpractice, nursing home neglect, unsafe property, workplace accidents involving outside parties, and violence where a property owner failed to provide reasonable security.
How long do we have to file?
Generally two years from the death under 42 Pa.C.S. § 5524, and two years after the death for claims based on medical care under the MCARE Act. Claims against government agencies generally need written notice within six months. Don't wait.
Do we need to open an estate first?
Usually yes. The personal representative brings both claims, so someone must be appointed executor or administrator through the Register of Wills. We can explain the steps.
What should we avoid telling an insurance adjuster?
Avoid recorded statements, guesses about fault, and signing any release or medical authorization before you have advice. Refer the adjuster to your lawyer.
Sources
- 42 Pa.C.S. § 8301 (death action)
- 42 Pa.C.S. § 8302 (survival action)
- Pa.R.C.P. 2202 (persons entitled to bring wrongful death action)
- 42 Pa.C.S. § 5524 (two-year limitation)
- MCARE Act § 513(d) (40 P.S. § 1303.513)
- 42 Pa.C.S. § 5522 (notice to government units)
- 42 Pa.C.S. § 7102 (comparative negligence)
- Pa. Const. art. III, § 18
- City of Philadelphia: Register of Wills (City Hall, Room 180)
- Delaware County: Register of Wills (201 W. Front Street, Media)
Written for general information by the office of Warren I. Siegel, Esq., Pennsylvania Attorney ID 65342. Last reviewed 2026-09-25. This is not legal advice for your situation, and deadlines vary by claim. Talk to a lawyer before relying on any date.