Who Can File a Wrongful Death Lawsuit in Pennsylvania?
Losing a loved one because of someone else’s negligence or wrongdoing is devastating, and the legal process that follows can feel overwhelming. Understandably, families often want to know who can file a wrongful death suit. In Pennsylvania, the answer is more specific than many people expect. If you have recently lost a loved one, our Chambersburg wrongful death attorneys at DiLoreto, Cosentino & Bolinger P.C. are happy to assist you in filing your legal claim.
Who Files a Wrongful Death Suit?
Under Pennsylvania’s Wrongful Death Act (42 Pa.C.S. § 8301), a wrongful death lawsuit can only be filed by the personal representative (formerly known as “executor”) of the deceased person’s estate, not a grieving relative directly. The personal representative is either named in the decedent’s will or an administrator appointed by the court if no will exists. If the personal representative does not file within six months of the date of death, Pennsylvania law allows an eligible beneficiary to step in and file the lawsuit on behalf of everyone entitled to recover.
Wrongful Death Beneficiaries
While the personal representative files the suit, they are not entitled to recovery. Under Pennsylvania’s Wrongful Death Act, the following family members are eligible beneficiaries:
- Surviving spouse: If the deceased was married, the spouse is the primary beneficiary.
- Children: This includes minor, adult, and legally adopted children, who may share in the recovery alongside a surviving spouse.
- Parents: If there is no surviving spouse or children, the deceased’s parents may benefit from the claim.
If there are no eligible beneficiaries under the law, 42 Pa.C.S. § 8301(d) permits the personal representative to recover damages for reasonable hospital, nursing, medical, and funeral expenses as well as estate administration expenses.
Wrongful Death vs. Survival Action
Many Pennsylvania wrongful death cases are filed alongside survival actions (a distinct legal claim). While a wrongful death claim compensates surviving family members for their own losses, such as lost financial support and companionship, a survival action compensates the estate itself for what the deceased endured between the injury and their death, including pain and suffering and related medical expenses. Pursuing both claims together often maximizes the total compensation available to the family.
Know Your Legal Deadline
Wrongful death claims in Pennsylvania must generally be filed within two years of the date of death, not the injury date. This deadline can approach quickly, especially when you have to settle other affairs related to your family member’s estate. There are exceptions that may “toll” the statute of limitations, only having the legal “clock” resume when the situation is rectified.
In a wrongful death case, examples include fraudulent concealment (related to the cause of death), if the cause of death was discoverable at a later date, or if the personal representative (or whoever is responsible for bringing the claim) is mentally incapacitated at the time the cause of action accrues. It is best to speak to a wrongful death attorney if you believe any of these situations apply.
Reach Out to Our Chambersburg Wrongful Death Lawyers Today
Losing a loved one can be a heart-wrenching event, making you feel resentful and even leaving you in disbelief over what unfolded. If you’ve lost a loved one due to someone else’s negligence, our Chambersburg wrongful death attorneys are here to help you understand your rights and pursue the compensation your family deserves. Missing the legal deadline can bar the claim entirely, so prompt legal guidance matters. To arrange your free consultation, contact DiLoreto, Cosentino & Bolinger P.C., today online or by calling (717) 496-0070.