Wrongful Death in Pennsylvania? Get the justice and compensation you deserve. Call Attorney Michael Siddons for a FREE consultation: (610) 255-7500. No fee unless we win.
Experienced Wrongful Death Lawyer in Pennsylvania
The sudden loss of a loved one due to another party’s negligence is an overwhelming tragedy. In Pennsylvania, the law provides surviving family members with the right to pursue a wrongful death action to hold the responsible parties accountable and recover compensation for the devastating losses they have suffered. Attorney Michael Siddons provides compassionate, dedicated representation to Pennsylvania families during their most difficult moments. We handle every aspect of your wrongful death claim so you can focus on grieving and healing.
Pennsylvania Wrongful Death Laws
Pennsylvania’s wrongful death statute (42 Pa.C.S. §8301) allows certain family members to bring a wrongful death action when a person’s death is caused by the wrongful act or negligence of another. Unlike New Jersey, Pennsylvania allows specific family members to file directly — a spouse, children, or parents of the deceased may bring the action. If none of these relatives exist, the personal representative of the estate may file on behalf of other beneficiaries. Pennsylvania also has a separate survival action (42 Pa.C.S. §8302) that allows the estate to recover damages the deceased would have been entitled to had they survived. The statute of limitations is two years from the date of death. Pennsylvania’s modified comparative negligence rule applies — recovery is barred if the deceased was 51% or more at fault.
Types of Wrongful Death Cases We Handle
Our firm handles wrongful death cases arising from all types of negligence in Pennsylvania including car, truck, and motorcycle accidents, medical malpractice and surgical errors, workplace and construction site accidents, defective products and pharmaceutical injuries, premises liability and inadequate security, nursing home abuse and neglect, pedestrian and bicycle accidents, criminal acts where a third party’s negligence enabled the harm, and industrial and mining accidents. We thoroughly investigate every case to identify all potentially responsible parties.
Compensation Available in Pennsylvania Wrongful Death Cases
Pennsylvania wrongful death damages are designed to compensate the surviving family for their losses. These include the deceased’s lost future earnings and financial contributions, loss of companionship, comfort, society, and guidance, loss of parental guidance for minor children, funeral and burial expenses, and estate administration costs. Under the separate survival action, the estate can recover the deceased’s pain and suffering before death, medical expenses, and lost wages from injury to death. Pennsylvania does not cap wrongful death damages, and punitive damages may be available in cases involving reckless or intentional conduct.
Frequently Asked Questions
Who can file a wrongful death lawsuit in Pennsylvania?
In Pennsylvania, the following family members can file a wrongful death action: the surviving spouse, surviving children (including adult children), or surviving parents of the deceased. If none of these exist, the personal representative of the estate can file on behalf of anyone who was dependent on the deceased.
What is the statute of limitations for wrongful death in PA?
You have two years from the date of death to file a wrongful death lawsuit in Pennsylvania. This deadline is strictly enforced. Contact an attorney promptly to protect your family’s rights.
What is the difference between wrongful death and survival actions in PA?
A wrongful death action compensates the surviving family members for their losses (lost income, companionship, guidance). A survival action compensates the deceased’s estate for the deceased’s own suffering and losses between injury and death. Both should typically be filed together.
Are wrongful death damages taxable in Pennsylvania?
Generally, wrongful death proceeds compensating for personal injuries are not subject to federal income tax. However, punitive damages and interest may be taxable. We recommend consulting with a tax professional regarding your specific situation.
Can I file a wrongful death claim if my loved one was partially at fault?
Yes, as long as the deceased was less than 51% at fault. Pennsylvania’s modified comparative negligence rule reduces the recovery by the deceased’s percentage of fault. If the deceased was 51% or more at fault, recovery is barred.
Ready to Fight for Your Rights? Contact Siddons Law Firm today for your FREE wrongful death consultation. Call (610) 255-7500. We serve all of Pennsylvania. No fee unless we win.