Losing a loved one due to another's negligence is devastating. Pennsylvania law provides specific rights and remedies for surviving families.
Legal notice: This guide is for informational purposes only and does not constitute legal advice. Laws vary by state — always consult a licensed attorney before making any legal decisions.
Statute of Limitations
Pennsylvania statute of limitations for wrongful death claims: 2 years from the date of death. Contact an attorney immediately.
Under 42 Pa.C.S. § 8301, the personal representative of the estate files the wrongful death claim for the benefit of the surviving spouse, children, and parents. Pennsylvania allows recovery for loss of financial support, funeral expenses, and loss of services. Pennsylvania also allows a survival action (42 Pa.C.S. § 8302) for the deceased's pre-death pain and suffering.
Pennsylvania-Specific Tip
Pennsylvania has a 2-year statute of limitations for wrongful death claims. Philadelphia County wrongful death verdicts have historically been among the highest in Pennsylvania. Both the wrongful death claim and survival action should always be filed together.
📊 Pennsylvania allows both wrongful death claims and survival actions to be filed simultaneously — ask your attorney about both.
Contact a Pennsylvania wrongful death attorney immediately
Preserve all evidence related to the incident
Obtain the official death certificate
Document all expenses — medical, funeral, and burial
Do NOT accept any early settlement
Be aware of the 2-year statute of limitations running from the date of death
Ask your attorney about filing both a wrongful death claim AND a survival action
2 years from the date of death. Pennsylvania has a 2-year statute of limitations for wrongful death claims. Philadelphia County wrongful death verdicts have historically been among the highest in Pennsylvania. Both the wrongful death claim and survival action should always be filed together.
Under 42 Pa.C.S. § 8301, the personal representative of the estate files the wrongful death claim for the benefit of the surviving spouse, children, and parents. Pennsylvania allows recovery for loss of financial support, funeral expenses, and loss of services. Pennsylvania also allows a survival action (42 Pa.C.S. § 8302) for the deceased's pre-death pain and suffering.
Under 42 Pa.C.S. § 8301, the personal representative of the estate files the wrongful death claim for the benefit of the surviving spouse, children, and parents. Pennsylvania allows recovery for loss of financial support, funeral expenses, and loss of services. Pennsylvania also allows a survival action (42 Pa.C.S. § 8302) for the deceased's pre-death pain and suffering. Contact a Pennsylvania wrongful death attorney to confirm who has standing in your specific situation.
No upfront cost. Contingency fees — you only pay if you win.
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