Pennsylvania Wrongful Death Laws: What Families Need to Know

In Pennsylvania, the personal representative (referred to as “executor,” if named in a will, or “administrator,” if appointed by the court in cases where there was no will) of the deceased’s estate may file a wrongful death lawsuit during the first six months after the death. If the personal representative does not take action within that time frame, then any of the decedent’s beneficiaries- typically a spouse, children, or parents- may file the lawsuit on behalf of all eligible beneficiaries.

This structure ensures that the claim is brought in an organized and comprehensive manner. It’s essential to act quickly and consult an attorney who can determine who the rightful filer is under the law. At GLS Injury Law, we guide families through this process to ensure the claim is filed properly and all beneficiaries’ interests are protected.

Wrongful death damages in Pennsylvania are intended to compensate the family for the tangible and intangible losses resulting from their loved one’s death. These can include:

• Funeral and burial expenses
• Medical bills related to the final injury or illness
• Lost income and benefits the deceased would have provided
• Loss of household services, comfort, guidance, and consortium

It’s important to distinguish wrongful death damages from survival action damages, which are brought by the estate and cover the pain and suffering endured by the deceased before death. We evaluate all aspects of a client’s loss to pursue the fullest compensation possible under the law.

A wrongful death claim is meant to compensate the surviving family members for the losses they have endured because of the death, such as loss of financial support, companionship, and funeral expenses.

A survival action, on the other hand, is brought on behalf of the deceased’s estate to recover damages the deceased could have claimed if they had survived. This includes compensation for pain and suffering, lost earnings between the time of injury and death, and other losses experienced by the decedent before passing.

Often, both claims are filed together. Our firm has years of experience handling these dual claims in tandem to ensure every avenue of justice and compensation is pursued.

Pennsylvania law imposes a two-year statute of limitations on wrongful death claims. This means that you generally have two years from the date of death to initiate legal proceedings.

Failing to file within this window may result in the claim being permanently barred. There can be some exceptions depending on the circumstances, such as cases involving minors or delayed discovery of negligence. That’s why it’s important to consult with an experienced attorney promptly. At GLS Injury Law, we act swiftly to preserve evidence, protect your rights, and meet all legal deadlines to keep your claim valid and strong.

Pennsylvania follows a modified comparative negligence rule. This means that as long as the deceased was less than 51% at fault for the accident, their family can still recover damages- though the award will be reduced in proportion to the level of fault.

For example, if the decedent was found to be 30% responsible, the total compensation would be reduced by 30%. This rule often makes wrongful death cases more complex, especially when insurance companies attempt to shift blame. We know how to counter these tactics and present compelling evidence that supports your claim for maximum recovery.

Yes, but suing a government entity in Pennsylvania- whether it’s a city, county, or the Commonwealth itself- comes with additional rules and restrictions. In order to bring a claim against the government, we must establish an exception to sovereign immunity. Additional restrictions include shorter notice deadlines and limits on recoverable damages.

For instance, you must file a notice of intent to sue within six months of the incident, and there are statutory caps on the amount of money that can be recovered from government bodies. In Pennsylvania, claims against the Commonwealth are capped at $250,000, and claims against municipalities are capped at $500,000. Because of these complexities, it’s critical to work with attorneys who have handled governmental claims before.

We’ve successfully represented families in claims involving public transportation accidents, unsafe public properties, and other government-related negligence.

Not necessarily. Many wrongful death cases are settled outside of court through negotiations or mediation, especially when the evidence of liability is strong.

However, if the other party refuses to offer a fair settlement, we are fully prepared to take the case to trial. Our firm has a strong reputation in the courtroom and is known by insurance companies and opposing counsel as a serious, results-driven legal team. We approach each case with the readiness to litigate, which often gives us leverage in settlement discussions.

Whether your case is resolved inside or outside the courtroom, our focus is always on getting justice for your loved one and securing the compensation you need to move forward.

At GLS Injury Law, we work on a contingency fee basis for wrongful death cases. This means you pay nothing upfront, and we only collect a fee if we win compensation for you. This ensures that families dealing with tragedy and financial stress can access high-quality legal representation without worrying about out-of-pocket legal expenses.

During your free consultation, we will explain exactly how our fee structure works, so there are no surprises. We are here to take the burden off your shoulders and allow you to focus on healing while we focus on your case.

For your consultation, it’s helpful to bring as much documentation as possible related to your loved one’s death and the circumstances surrounding it. This may include:

• Death certificate
• Medical records
• Accident or police reports
• Photos or video evidence
• Witness information
• Insurance documents
• Any communication with the at-fault party or insurers

Don’t worry if you don’t have everything- our legal team will guide you through the information-gathering process. The more we know early on, the better we can evaluate your case and develop a strategy for pursuing justice on your family’s behalf.