Losing someone you love due to someone else’s negligence or wrongful conduct is devastating. In the midst of grief, families are often left wondering whether they have the right to pursue legal action and, if so, who is permitted to bring the claim. Pennsylvania law has specific rules governing who can file a wrongful death claim, and understanding those rules is critical before any legal action begins.
At Rubin, Glickman, Steinberg & Gifford, P.C., our wrongful death attorneys have helped families in Montgomery County, Bucks County, and surrounding southeastern Pennsylvania navigate these exact questions. With 65+ years of combined experience, an AV rating from Martindale-Hubbell, and recognition as a U.S. News & World Report “Best Law Firm” since 2010, we are prepared to guide your family through every step of the legal process.
What Does Pennsylvania’s Wrongful Death Act Say?
Pennsylvania’s Wrongful Death Act, codified at 42 Pa. C.S. § 8301, allows certain family members to bring a civil action to recover damages for a death caused by the wrongful act, neglect, or unlawful violence of another. The Act is designed to compensate surviving family members for the losses they suffer as a result of their loved one’s death. Understanding the Act requires separating two key concepts: who files the claim, and who benefits from it.
Who Is Legally Authorized to File?
Pennsylvania law requires that the wrongful death action be filed by the personal representative of the deceased person’s estate. This individual is appointed through probate proceedings at the Register of Wills in the county where the decedent resided, and acts on behalf of the eligible family members. Any compensation recovered belongs directly to the beneficiaries, not to the representative personally.
What If the Personal Representative Does Not File?
The law accounts for situations where the personal representative fails or delays in acting. Under Pennsylvania Rule of Civil Procedure 2202(b), if the personal representative does not file within six months of the decedent’s death, any eligible beneficiary may step in and file the claim on behalf of all beneficiaries. This provision protects families from losing their rights due to inaction.
Who Are the Eligible Beneficiaries Under Pennsylvania’s Wrongful Death Act?
The statute limits wrongful death compensation to a defined group of close family members. Those eligible to recover damages under Pennsylvania’s Wrongful Death Act include:
- The surviving spouse of the deceased
- The children of the deceased
- The parents of the deceased
Siblings, grandparents, and other extended family members generally cannot recover wrongful death damages unless they can demonstrate financial dependence on the deceased. If none of the primary beneficiaries exist, the personal representative may still bring a limited claim to recover certain expenses, such as medical bills and funeral costs.
What Is the Deadline to File?
Timing is critical in any personal injury or wrongful death matter. Pennsylvania’s statute of limitations requires that a wrongful death action be filed within two years of the date of the decedent’s death. Missing this deadline can permanently bar a family’s right to recover compensation, regardless of the strength of the underlying case.
What Damages Can Beneficiaries Recover?
A wrongful death claim allows beneficiaries to pursue compensation for the following costs:
- Medical and funeral expenses
- The decedent’s lost future earnings and financial support
- Loss of companionship and guidance
Wrongful death actions are often filed alongside a survival action, which recovers damages the decedent personally suffered before death. For families in Montgomery County, our Abington wrongful death lawyers evaluate every available avenue for recovery, including cases involving dangerous property conditions that may give rise to a premises liability wrongful death claim.
Contact Rubin, Glickman, Steinberg & Gifford, P.C. to Discuss Your Wrongful Death Claim
Pennsylvania’s Wrongful Death Act establishes a clear yet nuanced framework: the personal representative holds primary filing authority, eligible beneficiaries are limited to spouses, children, and parents, and families have 2 years from the date of death to act. Understanding these rules from the start helps families protect their rights and pursue the full compensation they deserve.
If your family has lost a loved one due to another party’s negligence, Rubin, Glickman, Steinberg & Gifford, P.C. is here to help. We represent clients on a contingency fee basis, meaning you pay no attorneys’ fees unless we recover compensation on your behalf. Reach our team through our contact form to schedule a consultation today.
