If you have lost a loved one due to someone else’s negligence in Pennsylvania, understanding your legal rights is a critical first step toward justice. This guide covers Pennsylvania’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. Pennsylvania imposes no caps on wrongful death damages and maintains a separate survival action that significantly expands total recovery, making it a meaningful jurisdiction for families pursuing justice.
Pennsylvania Wrongful Death Laws
The Pennsylvania Wrongful Death Statute
Pennsylvania’s wrongful death law is governed by 42 Pennsylvania Consolidated Statutes § 8301. The statute allows the Personal Representative or specified family members to file.
Who Can File
The Personal Representative of the estate files, or if no action is filed within six months, the spouse, children, or parents may file directly.
Statute of Limitations
Pennsylvania imposes a 2-year statute of limitations, measured from the date of death.
Recoverable Damages
Pennsylvania allows recovery for loss of earnings, loss of services, loss of companionship, and funeral expenses. There are no caps on wrongful death damages in Pennsylvania.
Survival Action
Pennsylvania maintains a separate survival action under 42 Pa. C.S. § 8302. The survival action is critically important in Pennsylvania – it allows the estate to recover for the deceased’s own lost future earnings and pre-death pain and suffering, significantly expanding the total financial recovery available to the family.
Top 3 Wrongful Death Attorneys in Pennsylvania
1. Saltz Mongeluzzi & Bendesky, P.C.
Location: Philadelphia, PA (Serving statewide)
Phone: (215) 496-8282
Website: https://smbb.com
One of the most decorated trial firms in Pennsylvania history. They are particularly powerful in construction fatalities, defective product deaths, and mass disaster litigation. Because the survival action in Pennsylvania allows recovery for future lost earnings, they deploy elite economists to project massive lifetime income losses, driving total recovery to extraordinary levels with no statutory ceiling.
2. Kline & Specter, P.C.
Location: Philadelphia, PA
Phone: (215) 772-1000
Website: https://klinespecter.com
A medical malpractice colossus. Their unique structure – employing full-time physicians as attorneys – gives them an unmatched ability to dissect complex medical negligence and translate it into devastating trial evidence. Because Pennsylvania has no caps, they pursue both the wrongful death and survival actions relentlessly, routinely securing eight-figure verdicts.
3. Edgar Snyder & Associates
Location: Pittsburgh, PA (Offices statewide)
Phone: (412) 394-1000
Website: https://edgarsnyder.com
One of Pennsylvania’s most recognized personal injury firms, with over $1 billion recovered. They specialize in fatal auto, truck, and workplace accidents across both Philadelphia and Pittsburgh jurisdictions. Their scale allows rapid response to preserve evidence and their deep resources ensure no defendant is too large to challenge.
Frequently Asked Questions
Are there caps on damages in Pennsylvania?
No. Pennsylvania imposes no caps on wrongful death or survival action damages.
What makes Pennsylvania’s survival action especially valuable?
Pennsylvania’s survival action allows the estate to recover for the deceased’s lost future earnings – not just the family’s loss of support, but the full projected lifetime income the deceased would have earned. This can result in substantially higher total recoveries, particularly for younger victims with high earning potential.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney as soon as possible. The 2-year deadline runs from the date of death. Preserve all evidence and do not speak with insurance companies before consulting an attorney.
Closing
Pennsylvania’s no caps framework and powerful survival action make it a strong jurisdiction for wrongful death plaintiffs. The firms listed above have the resources and trial experience to maximize total recovery. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today.
For immediate grief support, contact the National Alliance for Grieving Children at (866) 432-1542.