Wrongful Death Lawsuits in Pennsylvania

The personal representative of the person who died brings the action, for the benefit of the spouse, children or parents. If no wrongful death action has been filed within six months after the death, the personal representative or any person entitled to recover may file it as trustee for everyone entitled to share. Damages are divided among the spouse, children or parents in the shares they would inherit without a will, and are not subject to the person's creditors. If none of those relatives exists, the personal representative may sue only for hospital, medical, funeral and estate administration expenses.

Two years for an action for the death of an individual caused by the wrongful act or negligence of another. For wrongful death or survival claims based on medical malpractice, the action must be filed within two years after the death, unless the cause of death was misrepresented or fraudulently concealed.

No statute capping compensatory damages in ordinary personal injury cases between private parties was found. Damages caps apply to claims against Commonwealth agencies and local agencies (see government claims).