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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.

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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 questionThe statute's answer
The questionWho benefitsThe statute's answerThe spouse, children or parents of the deceased
The questionHow it is splitThe statute's answerIn the shares they would take of the personal estate by intestacy, free of creditors
The questionHow longThe 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)
  1. 42 Pa.C.S. 8301 — Death action
  2. 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.

On the clock

One period on this page runs out. Each is stated above with its authority; this is the same thing with the date attached.

  • 2 yearsSuing for wrongful death · from the cause of action accruing

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