Wrongful Death claims in Pennsylvania
When a family loses someone because of another party's negligence, Pennsylvania law allows two claims: a wrongful death claim on behalf of the family, and a survival action on behalf of the estate.
No result undoes the loss. What a claim can do is hold the responsible party accountable and secure a family's financial footing.
Families are never charged for an initial conversation about what happened.
Free case review — tell us what happened and we'll take it from there.Who may bring the claim
Pennsylvania's wrongful death statute allows the personal representative of the estate to bring the action for the benefit of the surviving spouse, children or parents.
If no personal representative has filed within six months of the death, a statutory beneficiary may commence the action. Opening the estate early avoids a needless delay.
Why families bring these cases to Munley Law
Munley Law has represented injured people and their families from its Scranton base since 1959. The attorneys listed below handle this type of case, and the results shown are published matters the firm has reported.
$17.5 Million
Verdict
Jury verdict in teens' death caused by car accident.
$3.97 Million
Settlement
Settlement for family of man killed in tractor-trailer crash.
$3.9 Million
Award
Award for wrongful death.
$2.8 Million
Settlement
Settlement for truck accident death case.
Past results do not guarantee future outcomes.
“I'm so beyond thankful for my lawyers who have never steered me wrong and were ready to go to war for myself and my children. It has been an amazing experience working with them and I'm so thankful for them. As no amount of money will ever change what happened they made sure we were forever taken care of.”
“A loaded tractor trailer rear ended me… The day after the accident, Munley Law was contacted. The wheels went in motion immediately. They knew exactly what had to be done, and they did it with aggression and professionalism. They always kept my wife and I abreast of the progress.”
Common causes
Truck and motor vehicle crashes
Commercial vehicle collisions remain a leading cause.
Medical negligence
Missed diagnoses, surgical errors and untreated complications.
Workplace incidents
Falls, machinery, electrocution and confined-space deaths.
Defective products
Fires, mechanical failures and inadequate warnings.
Neglect in care facilities
Untreated infection, falls and dehydration.
Injuries frequently seen in these cases
- Loss of financial support the person would have provided
- Loss of guidance, comfort and companionship
- Funeral and burial expenses
- Medical expenses incurred before death
- The person's own pain and suffering before death, through the survival action
Who may be responsible
Responsibility depends entirely on the facts, and no one can determine it from a web page. These are the parties whose conduct is typically examined.
The party whose negligence caused the death
A driver, company, facility or provider, depending on the facts.
An employer
Where the responsible person was working at the time.
A manufacturer
Where a defective product was involved.
Damages that may be recoverable
What a claim may include depends on the injuries, the available insurance and the evidence. Nothing here is a prediction of value.
- Medical treatment already received, from the emergency room through rehabilitation
- Future medical care and therapy a physician expects will be needed
- Wages lost while unable to work, and reduced earning capacity in longer-term cases
- Property damage, out-of-pocket costs and travel to treatment
- Pain, suffering and loss of life's pleasures where the law allows it
How a wrongful death case proceeds
- Investigation of what happened and preservation of evidence
- Opening the estate and appointing a personal representative
- Review by the experts the case requires
- Filing, discovery and depositions if the claim is not resolved
- Court approval of any settlement allocation between the two claims
Deadlines families should know about
Pennsylvania generally allows two years from the date of death to file a wrongful death action, with exceptions. Claims involving a government entity usually require formal notice much sooner.
A survival action brought on behalf of the estate has its own requirements, and the estate normally has to be opened before either claim can be filed.
See the factors that may affect a claim like this — educational, not a valuation.Steps that protect a claim
- Take the time you need — nothing has to be decided immediately
- Keep the death certificate, medical records and any report of the incident
- Avoid signing releases or accepting early offers from an insurer
- Ask about opening an estate, which is usually required before a claim proceeds
- Preserve physical evidence such as a vehicle or product involved
Frequently asked questions
Who can bring a wrongful death claim in Pennsylvania?
The personal representative of the estate generally brings the action for the benefit of the statutory beneficiaries — usually the spouse, children or parents. If no representative acts within six months, a beneficiary may file.
What is the difference between wrongful death and a survival action?
A wrongful death claim compensates the family for their losses. A survival action belongs to the estate and covers what the person themselves could have claimed, including pain and suffering before death.
How long do we have to file?
Generally two years from the date of death under Pennsylvania law, with exceptions. Claims against government entities require notice far sooner.
Do we have to go to court?
Many cases resolve without a trial. Families are prepared for either path, and no step is taken without their agreement.
What does it cost?
These cases are handled on a contingency basis — there is no fee unless there is a recovery.
Question not answered here? Ask Robert — Munley's virtual intake assistant answers common wrongful death questions 24/7.
Related guides, tools and pages
Related guides
Related practice areas
Attorneys who handle these cases
Where we serve
Munley Law represents clients across Pennsylvania. See the areas we serve for local courts, hospitals and roads, or browse the free tools.
This page is general information about this type of case. It is not legal advice, and reading it does not create an attorney-client relationship. Last reviewed 2026-09-01.
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