Wrongful death claims give families a way to seek justice and stability after losing a loved one to another’s negligence. Nothing can undo that kind of loss, but the law allows surviving families to hold the responsible party accountable and recover the resources they need to move forward.
At Wapner Newman, we guide families through this process with patience and genuine care.
This guide explains what these claims involve, who can file, what can be recovered, and the deadlines that apply.
SCHEDULE A CONSULTATIONKey Takeaways about Wrongful Death Claims in Pennsylvania
- Pennsylvania recognizes two related claims after a preventable death: a wrongful death claim and a survival action.
- A wrongful death claim compensates the surviving family, while a survival action belongs to the estate.
- The personal representative of the estate files the claim, and close family members benefit.
- Recoverable losses include funeral costs, lost financial support, and lost companionship.
- A wrongful death claim generally must be filed within two years of the date of death.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal action that lets a family recover damages when a loved one dies because of someone else’s negligence or wrongful act. Pennsylvania’s Wrongful Death Act creates this right for the benefit of the family left behind. The claim exists because a preventable death harms not only the person who died but the people who depended on them.
To succeed, a wrongful death case must show that another party owed a duty of care, breached it, and caused the death as a result. These are the same building blocks as a personal injury case, brought on behalf of the surviving family.
We handle these claims through our wrongful death practice, always mindful that behind every case is a grieving family.
Wrongful Death vs. Survival Action: What Is the Difference?
The difference is whose losses the claim addresses. A wrongful death claim compensates the surviving family for what they have lost, such as financial support and companionship. A survival action is different, because it stands in for the claim the person could have brought had they survived.
The two claims cover different ground:
- A wrongful death claim covers the family’s losses, including funeral costs and the loss of support and guidance.
- A survival action covers the losses of the person who died, such as the pain they endured and the earnings they would have made.
The two are usually filed together, though the money is distributed in different ways. Handling them as one coordinated effort makes sure nothing a family is owed is overlooked.
Common Causes of Wrongful Death in Pennsylvania
Wrongful death claims arise whenever preventable negligence takes a life, and the causes span nearly every kind of serious accident. What these situations share is that another party’s carelessness, rather than fate, led to the loss. Identifying that party is the first step toward accountability.
The causes we see most often include:
- Car and truck crashes on roads like the Schuylkill Expressway, I-95, and Roosevelt Boulevard.
- Medical negligence, such as a fatal misdiagnosis or surgical error, which we address through our medical malpractice work.
- Construction and workplace incidents caused by a negligent third party.
- Dangerous property conditions, including falls, fires, and drownings.
- Nursing home neglect and abuse that leads to a resident’s death.
This list is not complete, and every family’s situation is different. When negligence plays a role in a death, a claim can hold the responsible party accountable.
Who Can File, and Who Benefits?
A wrongful death claim is brought by the personal representative of the estate, but the recovery is for the benefit of close family members. Pennsylvania law directs any recovery to the spouse, children, or parents of the person who died, in shares set by statute. If no representative has been named within a set time, a family member may step in to file.
This structure can feel confusing during a period of grief, which is why we help families sort out who has the right to file and make sure the claim is brought correctly. Getting this step right early prevents painful complications later. Families never have to work through these questions alone.
What Damages Can Surviving Families Recover?
Surviving families can recover both the financial and the deeply personal losses a death causes. Pennsylvania law recognizes that a family loses far more than income when a loved one dies, and a claim can address each kind of loss. The purpose is to secure a family’s future, not to place a value on a life.
Recoverable losses often include:
- Funeral, burial, and final medical expenses.
- The income, benefits, and household services the person would have provided.
- The loss of the love, comfort, guidance, and companionship the person gave.
- Through a survival action, the pain the person endured and the earnings they would have made over a lifetime.
We account for every one of these losses and treat the work as being about justice and support for the family.
How Is a Wrongful Death Recovery Distributed?
A wrongful death recovery is shared among close family members, while a survival recovery passes through the estate. In a wrongful death claim, the money goes to the spouse, children, or parents in the shares Pennsylvania law sets, based on how the person’s property would pass if there were no will. This keeps the recovery with the people the law recognizes as most directly affected by the loss.
A survival action works differently, because the recovery belongs to the estate and is distributed according to the person’s will or the state’s inheritance rules. That distinction can carry practical consequences, including how the funds are treated for tax purposes. Because the two claims are usually filed together, coordinating them carefully protects a family’s full recovery.
We explain how these pieces fit together so a family understands what to expect from the start.
Time Limits and the Filing Process
A wrongful death claim in Pennsylvania generally must be filed within two years, under the state’s statute of limitations. The period usually runs from the date of death, though certain circumstances can affect the timing. Once the deadline passes, a court can bar the claim no matter how clear the negligence was.
Legal deadlines are the last thing on a grieving family’s mind, and no family should feel rushed through their grief. Reaching out early simply protects a family’s rights and preserves the evidence a claim depends on, from records to witness accounts. There is no obligation in learning where things stand.
How Wapner Newman Supports Families
Families turn to us because these cases call for both legal strength and real compassion. Wapner Newman has represented grieving families and injured people for more than 45 years, and in that time we have recovered more than $1 billion for our clients. Prior results do not predict or promise the outcome of any future case, but they reflect a firm that stands up to insurers and corporations and sees a case through.
We also come to you. If grief or distance makes it hard to reach our office, we will meet a family at home within our service area, arrange transportation, or meet by video, so support is never out of reach.
FAQs about Wrongful Death Claims in Pennsylvania
Below are answers to questions families often ask that were not covered above.
Is a wrongful death claim the same as a criminal case?
No, they are separate. A criminal case is brought by the government to punish wrongdoing, while a wrongful death claim is a civil action a family brings to recover compensation. A person can face both, and the result of one does not decide the other.
What if more than one family member wants to file?
Only the personal representative of the estate files the claim, even though several family members may benefit. If no representative has been appointed, the family can work together to have one named. We help families coordinate this so the claim moves forward smoothly.
Can we still recover if our loved one was partly at fault?
Often, yes. Pennsylvania reduces a recovery by the share of fault assigned to the person who died rather than erasing it, as long as that share was not more than 50%. Insurers sometimes overstate this, which is one reason representation helps.
How long does a wrongful death case take?
It depends on the complexity of the case, the number of parties, and whether it settles or goes to trial. Some resolve in months, while others take longer when the facts are contested. Families are kept informed at every step.
What does it cost to speak with a lawyer?
Nothing. Consultations are free, and these cases are handled on a contingency basis, so the attorney fee comes only from a recovery. If there is no recovery, the family owes no attorney fee.
Talk With Wapner Newman About a Wrongful Death Claim
Nothing can restore what your family has lost, but you do not have to seek accountability alone. At Wapner Newman, we will investigate what happened, deal with the insurers and their lawyers, and pursue the justice and resources your family needs, all with the compassion this moment deserves. Your consultation is free and private, and you owe no attorney fee unless we recover for you.
Call Wapner Newman at 800-529-6600, or reach out through our contact page whenever you are ready.