Pennsylvania Wrongful Death Lawyer

What claims does a Pennsylvania family have after a fatal accident?

Usually two. A wrongful death claim covers the family's own losses, and a survival claim covers what the person who died could have claimed if they had lived. They are typically brought together in one lawsuit.

The difference matters because each claim pays for different things and can be distributed differently. The wrongful death claim benefits certain close relatives, generally the spouse, children and parents. The survival claim belongs to the estate, so its recovery passes under the will or Pennsylvania's inheritance rules.

Who files the case?

The personal representative of the estate generally files both claims. If a personal representative does not act within the time allowed, certain family members may be able to file the wrongful death claim on behalf of all beneficiaries.

If there is a will, it may name an executor. If not, a court can appoint an administrator, often a close family member. Opening the estate is often the first practical step, and it can take some time. Starting early protects the 2-year deadline.

What damages are available in each claim?

Pennsylvania divides damages between the two claims.

Wrongful death damages

• Medical, funeral and burial expenses
• Costs of administering the estate
• The financial support the person would have provided to family members
• Lost household services, guidance and care
• The loss of society and comfort the family suffered

Survival damages

• The person's pain and suffering before death
• Lost earning capacity over their expected working life, reduced by personal living costs
• Other losses the person suffered between injury and death

Punitive damages may be available in survival claims when the conduct was outrageous, such as a driver who was heavily impaired.

How does fault affect a Pennsylvania wrongful death recovery?

The share of fault assigned to the person who died reduces both claims. If that share is more than 50%, the family recovers nothing under Pennsylvania's rule.

Here is an example. A driver is killed when a tractor-trailer drifts into their lane on I-80 during a snow squall. The combined damages are $1,200,000. The carrier argues the driver was going too fast for conditions and should bear 25% of the fault. If a jury agrees, the recovery is $900,000. If the truck's data shows the driver was slowing appropriately and the truck crossed the center line, the decedent's share may drop to zero. If a jury found the decedent 51% at fault, both claims would fail.

What if there is also a criminal case?

The criminal case and the civil claims are separate. The state prosecutes to punish, while the family brings civil claims for compensation.

The civil case uses a lower standard of proof, so families can succeed even without a criminal conviction. A conviction or guilty plea can be strong evidence. The criminal case does not pause the 2-year civil deadline, and waiting for it can mean losing evidence. Victim advocates in the district attorney's office can keep you informed about the criminal case while our team handles the civil claims.

How we help Pennsylvania families

Our team investigates the death, identifies every responsible party and insurer, and works with economists and the family to explain the losses. We handle insurers so the family has room to grieve.

When the family is ready, a few documents help us get started:

1. The death certificate and any autopsy or coroner report.
2. Recent tax returns, pay stubs and benefit statements.
3. Auto, home and life insurance policies.
4. Medical, funeral and burial bills.
5. Photos and short notes about the person's daily role in the family.

Under Pennsylvania's Fair Share Act, each responsible company generally pays only its own share unless it is 60% or more at fault, so finding every party helps protect the full recovery.

Settlements in death cases often require court approval, especially when the recovery is divided between wrongful death and survival claims or when minors are involved. Fatal crashes are covered in our Pennsylvania truck accident guide, deaths after medical errors on our medical malpractice page, and deaths in care facilities on our nursing home and elder care abuse page. General rules are on our Pennsylvania injury law page. We offer a free and private case review, and there is no fee unless we win.