{"id":376077,"date":"2019-05-03T14:15:59","date_gmt":"2019-05-03T19:15:59","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/pennsylvania-law\/pennsylvania-wrongful-death-laws.html"},"modified":"2019-05-03T16:36:04","modified_gmt":"2019-05-03T21:36:04","slug":"pennsylvania-wrongful-death-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/pennsylvania-law\/pennsylvania-wrongful-death-laws.html","title":{"rendered":"Pennsylvania Wrongful Death Laws"},"content":{"rendered":"\n
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Pennsylvania Wrongful Death Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Many criminal laws are meant to protect individuals – and society as a whole – from harm. For example, laws against murder and manslaughter<\/a> are in place to ensure justice for victims. But there are also civil laws that allow victims and their loved ones to recover damages for injuries caused by someone else’s wrongful acts. For example, if someone dies due to the misconduct or negligence of another, they may file a wrongful death<\/a> action.<\/p>\r\n

In Pennsylvania, an action may be brought to recover damages when someone dies because of the "wrongful act or neglect or unlawful violence or negligence of another." It’s important to note, however, that you’re barred from filing a wrongful death lawsuit for a deceased person if that person had already recovered for the same damages while they were alive. On a related note, Pennsylvania also explicitly prohibits actions for wrongful birth and wrongful life<\/a>.<\/p>\r\n

Pennsylvania Wrongful Death Laws: The Basics<\/h2>\r\n

When you have a legal question, it’s important to read the actual text of the law. But it can be equally as important to read an overview of the law in plain language. The following chart provides an overview of the laws that relate to wrongful death claims in Pennsylvania as well as links to relevant statutes.<\/p>\r\n\r\n
Statute(s)<\/b><\/td>\r\n

Pennsylvania Statutes, Tile 42 Pa.C.S.A.:<\/p>\r\n

Statute of Limitations<\/b><\/td>\r\n

A wrongful death lawsuit must be filed within two years.<\/p>\r\n<\/td>\r\n<\/tr>

Right of Action<\/b><\/td>\r\n

The right of action for a wrongful death claim only exists for the children, spouse, or parents of the deceased. If, however, no such person exists, a personal representative of the deceased may bring an action to recover for reasonable medical, funeral, and estate administration expenses that have been necessitated by reason of injuries causing death.<\/p>\r\n<\/td>\r\n<\/tr>

Special Damages<\/b><\/p>\r\n<\/td>\r\n

In addition to other damages<\/a>, a plaintiff is entitled to recover damages for reasonable<\/i> expenses related to:<\/p>\r\n