Wrongful Death

Pennsylvania gives a death action, under section 8301 of Title 42, for the benefit of the spouse, children or parents of the deceased, with damages distributed as in intestacy and without liability to the decedent’s creditors. If no such person is eligible, the personal representative may sue for certain medical, funeral and administration expenses only. Section 8302 continues the decedent’s own claim as a survival action. Section 5524 sets a two-year period for a negligence death claim.

Our wrongful death guide explains both actions, the six-month government statement when a public vehicle is involved, and the courthouse path in Philadelphia.