Frequently Asked Questions About Wrongful Death Claims in Pennsylvania
What Is a Wrongful Death Claim?
A civil lawsuit brought when a person dies due to negligence, recklessness, or intentional acts. Filed by the estate personal representative on behalf of surviving family members.
Who Can File a Wrongful Death Lawsuit in PA?
The personal representative files on behalf of the surviving spouse, children, and parents. A separate survival action compensates the estate for pre-death pain and suffering.
What Damages Can Be Recovered?
Funeral expenses, loss of future earnings, loss of companionship, pre-death medical expenses. The survival action adds pain and suffering and lost wages. No cap on damages in Pennsylvania.
How Long Do I Have to File?
2 years from the date of death. Claims against government entities may have shorter notice requirements.
How Much Are Wrongful Death Cases Worth?
Cases involving young wage earners with dependents can be worth significant amounts, depending on projected earnings and the loss to survivors.
Can I File If the Death Was Caused by a Crime?
Yes. Civil lawsuits are separate from criminal prosecution and have a lower standard of proof. You can prevail even if criminal charges are not filed.
What Is the Difference Between Wrongful Death and Survival Actions?
Wrongful death compensates surviving family. Survival action compensates the estate for the deceased pre-death losses. Both are typically filed together.