Who Can File a Wrongful Death Claim in Pennsylvania?

The sudden loss of a loved one is an unimaginable hardship. When that loss is due to someone else's carelessness or wrongful actions, the pain can be compounded by confusion and financial stress.

We understand that you are going through a difficult time. Our goal is to help you understand your rights and the legal process in Pennsylvania.

Understanding a Pennsylvania Wrongful Death Claim

A wrongful death claim is a type of personal injury lawsuit filed when a person dies because of another party's negligence or intentional act. This claim aims to compensate the surviving family members for their losses.

In Pennsylvania, the law clearly defines who can bring such a claim. It is not open to just anyone. The ability to file a claim is strictly limited to specific individuals, as outlined in the Pennsylvania statutes.

Who Can File a Wrongful Death Claim?

In Pennsylvania, a wrongful death claim must be filed by the personal representative of the deceased person's estate. This is a crucial distinction. It means that individual family members cannot directly file the claim themselves in their own name. Instead, the claim is brought on behalf of certain beneficiaries.

The personal representative is typically named in the deceased's will. If there is no will, or no personal representative is named, the court will appoint one, usually a close family member like a spouse, adult child, or parent.

Pennsylvania law, specifically 20 Pa. C.S. § 3323, addresses the appointment of a personal representative, and 42 Pa. C.S. § 8301 specifies who the beneficiaries of a wrongful death action are.

The Role of the Personal Representative

The personal representative acts as a legal stand-in for the deceased. They are responsible for managing the estate, which includes filing a wrongful death claim. Any funds recovered from a successful claim are not paid directly to the personal representative, but rather distributed to the designated beneficiaries.

Their duties include:

• Investigating the cause of death.
• Gathering evidence.
• Working with an attorney to file the lawsuit.
• Representing the estate's interests in court or during settlement negotiations.

Who Are the Beneficiaries of a Wrongful Death Claim?

While the personal representative files the claim, the actual financial recovery goes to the beneficiaries. Under 42 Pa. C.S. § 8301, the beneficiaries are limited to the following: the spouse, children, or parents of the deceased. These are considered immediate family members.

• Spouse: If the deceased was married, their surviving spouse is typically the primary beneficiary.
• Children: All biological and legally adopted children of the deceased are beneficiaries. This can include adult children.
• Parents: If the deceased had no surviving spouse or children, their parents may be beneficiaries.

If there are no surviving spouse, children, or parents, then the administrator of the estate may file an action to recover only medical, funeral, and estate administration expenses.

Damages Recoverable in a Wrongful Death Claim

A wrongful death claim seeks to recover various types of losses suffered by the beneficiaries due to their loved one's death. These damages are intended to provide financial relief for the profound impact the death has had.

Common damages include:

• Loss of financial support: This covers the income and financial contributions the deceased would have provided to their family.
• Loss of household services: The value of services the deceased provided around the home, such as childcare, cooking, cleaning, and maintenance.
• Loss of companionship and comfort: This accounts for the emotional support, guidance, and love the deceased can no longer provide.
• Funeral and burial expenses: The costs associated with laying the loved one to rest.
• Medical expenses: Any medical bills incurred by the deceased from the time of the injury until death.

The Survival Action: A Separate Claim

In Pennsylvania, a wrongful death claim is often filed alongside a "survival action." While related, these are distinct legal claims with different purposes and beneficiaries.

A survival action is brought by the personal representative on behalf of the deceased's estate. It seeks to recover damages that the deceased would have been able to claim had they lived. This includes:

• The deceased's pain and suffering from the time of injury until death.
• Lost wages and earning capacity from the time of injury until death, and for the remainder of their expected life.
• Medical expenses incurred by the deceased.

Any funds recovered in a survival action become part of the deceased's estate and are distributed according to their will or Pennsylvania's intestacy laws. This is different from wrongful death damages, which go directly to the named beneficiaries.

Both wrongful death claims and survival actions are governed by 42 Pa. C.S. § 8301 and 42 Pa. C.S. § 8302 respectively.

Time Limits for Filing (Statute of Limitations)

There is a strict deadline for filing a wrongful death claim in Pennsylvania. This deadline is known as the statute of limitations. Generally, you have two years from the date of your loved one's death to file a lawsuit.

This rule is established by 42 Pa. C.S. § 5524. If you miss this deadline, you will likely lose your right to pursue compensation, regardless of how strong your case may be. It is important to act quickly to protect your family's legal rights.

Why Legal Guidance is Essential

Navigating the legal system after a tragic loss can be overwhelming. The process of appointing a personal representative, identifying beneficiaries, gathering evidence, and understanding the nuances of Pennsylvania law requires significant legal expertise.

An experienced attorney can help you:

• Determine if you have a valid claim.
• Identify the appropriate personal representative.
• File all necessary paperwork correctly and on time.
• Negotiate with insurance companies or defense attorneys.
• Represent your family's interests in court if needed.

We work to ease the burden on you and your family, allowing you to focus on healing while we handle the legal complexities.

What to do next

If you believe your loved one's death was caused by another's negligence, gather all available documents related to their death and medical treatment, and contact an attorney for a case evaluation as soon as possible.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh · Harrisburg.

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Frequently Asked Questions

What is a wrongful death claim in Pennsylvania?

A wrongful death claim in Pennsylvania is a lawsuit filed by the personal representative of a deceased person's estate when their death was caused by someone else's negligence or wrongful act. It seeks compensation for the surviving family members' losses.

Who is considered a personal representative?

The personal representative is the individual legally appointed to manage the deceased person's estate. This person is usually named in a will or appointed by the court, often a close family member like a spouse or adult child.

Can individual family members file a wrongful death claim?

No, individual family members cannot directly file a wrongful death claim in their own name. The claim must be filed by the personal representative of the deceased's estate on behalf of the beneficiaries.

Who are the beneficiaries in a Pennsylvania wrongful death claim?

Under Pennsylvania law, the beneficiaries are typically the deceased's spouse, children, or parents. These are the individuals who receive the financial recovery from a successful claim.

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim compensates beneficiaries for their losses due to the death. A survival action seeks to recover damages the deceased would have claimed had they lived, such as pain and suffering and lost wages, with funds going to the estate.

How long do I have to file a wrongful death claim in Pennsylvania?

In Pennsylvania, the statute of limitations for wrongful death claims is generally two years from the date of the loved one's death. It is important to file within this deadline to protect your legal rights.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh · Harrisburg.