A Death Somebody Caused
42 Pa.C.S. 8301 — for the spouse, children or parents, and two years to bring it
In Pennsylvania, an action may be brought to recover damages for the death of an individual caused by the wrongful act or neglect, unlawful violence or negligence of another, if the injured individual did not already recover the same damages during life.
For the spouse, children or parents. The right of action exists only for the benefit of the spouse, children or parents of the deceased, wherever they live, and the damages are distributed in the shares they would take of the personal estate by intestacy, free of the decedent's creditors.
Expenses. The plaintiff also recovers reasonable hospital, nursing, medical, funeral and administration expenses caused by the injuries. If no spouse, child or parent is eligible, the personal representative may sue for those expenses alone.
Two years. An action to recover damages for the death of an individual caused by the wrongful act, neglect, unlawful violence or negligence of another is commenced within two years.
| The question | The statute's answer |
|---|---|
| The questionWho benefits | The statute's answerThe spouse, children or parents of the deceased |
| The questionHow it is split | The statute's answerIn the shares they would take of the personal estate by intestacy, free of creditors |
| The questionHow long | The statute's answerTwo years |
The separate survival action, the procedural rules on who files, and when the two years begin are not all on this page. Whether a particular death gives rise to an action, and who should bring it, are questions for a licensed Pennsylvania attorney.
Sources for this section (2)
- 42 Pa.C.S. 8301 — Death action
- 42 Pa.C.S. 5524 — Two year limitation
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Pennsylvania attorney.