Wrongful Death Lawsuits in PA: Who Can File and What to Expect

Wrongful Death Lawsuits in PA: Who Can File and What to Expect

Losing a family member because of someone else’s negligence is devastating. The grief is overwhelming, and the financial consequences can be crushing. Medical bills pile up. Funeral costs add thousands more. The income your loved one provided disappears overnight. Pennsylvania’s wrongful death and survival action laws exist to help families in exactly this situation, but the rules about who can file, what damages are available, and how these cases work are more complex than most people realize.

The wrongful death lawyers at Leeson & Leeson help families across the Lehigh Valley pursue accountability and compensation after a preventable death. We handle these cases with both the legal aggression they demand and the sensitivity that grieving families deserve.

Two Separate Claims: Wrongful Death vs. Survival Action

Pennsylvania law provides two distinct legal actions when someone dies due to another party’s negligence. Understanding the difference is critical because they compensate different losses and benefit different people.

Wrongful Death Action (42 Pa.C.S. § 8301)

A wrongful death action compensates the decedent’s surviving family members for their losses resulting from the death. This isn’t about what the deceased person suffered. It’s about what the surviving family lost. Damages in a wrongful death action include:

• Lost financial support. The income, benefits, and financial contributions the deceased would’ve provided to their family over their expected lifetime.
• Loss of household services. The economic value of services the deceased provided, such as childcare, home maintenance, and household management.
• Funeral and burial expenses. All reasonable costs associated with funeral services, burial or cremation, and related expenses.
• Loss of companionship, guidance, and counsel. This includes a spouse’s loss of consortium and a child’s loss of parental guidance.
• Medical expenses incurred before death. If the deceased received medical treatment before dying from their injuries, those costs are recoverable.

Survival Action (42 Pa.C.S. § 8302)

A survival action is a separate claim that recovers damages the deceased person would’ve been entitled to had they survived. This claim compensates the decedent’s estate for:

• Pain and suffering the deceased experienced between the injury and death.
• Lost wages from the date of injury through the date of death.
• Medical expenses incurred during treatment before death.

The survival action is brought by the personal representative of the decedent’s estate, and any recovery becomes part of the estate and is distributed according to the will or Pennsylvania’s intestacy laws. In most cases, your attorney will file both a wrongful death action and a survival action simultaneously to maximize your family’s total recovery.

Who Can File a Wrongful Death Lawsuit in Pennsylvania

Pennsylvania law is specific about who has standing to bring a wrongful death action. Under 42 Pa.C.S. § 8301, the claim must be filed by the personal representative (executor or administrator) of the deceased person’s estate on behalf of the statutory beneficiaries.

The statutory beneficiaries, in order of priority, are:

1. Spouse. The surviving spouse is the primary beneficiary.
2. Children. If there’s no surviving spouse, or in addition to the spouse, the deceased’s children are beneficiaries. This includes adopted children.
3. Parents. If there’s no surviving spouse or children, the deceased’s parents may bring the action.

If none of these beneficiaries exist, no wrongful death action can be filed under Pennsylvania law. This is a significant limitation. Siblings, grandparents, and unmarried partners do not have standing to bring a wrongful death claim, regardless of how close their relationship was.

If no personal representative has been appointed, any of the statutory beneficiaries can petition the court to appoint one. Your attorney can handle this process.

Common Causes of Wrongful Death

Wrongful death cases arise from the same types of negligence that cause personal injury, but with fatal consequences. Common causes we see in the Lehigh Valley include:

• Car accidents. Including drunk driving, distracted driving, speeding, and reckless driving on Routes 22, 78, and local roads throughout Bethlehem, Allentown, and Easton.
• Truck accidents. Commercial truck crashes on I-78 and Route 22 frequently produce fatalities due to the massive weight differential between trucks and passenger vehicles.
• Medical malpractice. Fatal surgical errors, misdiagnoses, medication errors, and hospital-acquired infections.
• Workplace accidents. Fatal falls, electrocutions, machinery accidents, and toxic exposures, particularly in construction and industrial settings.
• Premises liability. Fatal falls, structural collapses, and other hazards on commercial or residential property.
• Nursing home abuse and neglect. Deaths resulting from inadequate care, falls, malnutrition, medication errors, and untreated infections in long-term care facilities.
• Defective products. Fatal injuries caused by dangerous consumer products, vehicles, medical devices, or pharmaceutical drugs.

Statute of Limitations

The statute of limitations for wrongful death actions in Pennsylvania is two years from the date of death (42 Pa.C.S. § 5524). This is not two years from the date of the injury or the negligent act. It’s two years from the date the person actually died.

For survival actions, the two-year clock also runs from the date of death. Missing either deadline will almost certainly result in the court dismissing your case. Given the complexity of wrongful death cases and the time needed to investigate, it’s critical to contact an attorney as soon as possible after your loved one’s death.

Damages and How They’re Calculated

The total value of a wrongful death and survival action depends on multiple factors. Calculating these damages accurately requires financial expertise, which is where Leeson & Leeson brings a significant advantage.

Joseph F. Leeson, III, Esq., holds both a law degree and a CPA credential (Inactive). This dual background allows him to calculate lifetime economic losses, including projected future earnings, benefits, pension contributions, and household services, with the financial precision that holds up against defense challenges. Insurance companies can’t easily dismiss economic projections when they’re prepared by an attorney who also understands forensic accounting.

Key factors in valuing a wrongful death case include the deceased’s age, health, and life expectancy, their earning capacity and income trajectory, the number and ages of dependents, the nature and duration of suffering before death (for the survival action), and the specific relationship between the deceased and each beneficiary.

Pennsylvania’s No Cap on Wrongful Death Damages

Unlike some states, Pennsylvania does not impose a cap on wrongful death damages. There’s no statutory maximum on what a jury can award for lost income, loss of companionship, or other wrongful death damages. This means the full value of your family’s loss can be pursued without an artificial ceiling limiting your recovery.

How Leeson & Leeson Fights for Bereaved Families

At Leeson & Leeson, we approach wrongful death cases with the resources and determination they demand. These cases are about more than money. They’re about accountability, about ensuring the negligent party faces consequences, and about providing your family with the financial stability your loved one would’ve wanted you to have.

• $1.8 million jury verdict secured. We have the trial experience and willingness to take cases to verdict when insurers refuse to pay fair value.
• Million Dollar Advocates Forum member. Recognized for achieving results in high-value cases.
• Best Lawyers: Ones to Watch 2025 & 2026. Joseph Leeson has earned national recognition for personal injury and wrongful death litigation.
• Attorney-CPA advantage. Economic damages in wrongful death cases require precise lifetime calculations. Joseph Leeson’s CPA background provides that analytical edge.
• No upfront fees. We handle wrongful death cases on a contingency basis. You pay nothing unless we recover compensation for your family.

Frequently Asked Questions