Losing someone you love because of another person’s reckless or careless actions leaves a pain that touches every part of your life. As a trusted Pennsylvania wrongful death lawyer, Marcus & Mack is here to carry the legal burden so your family can focus on what matters most: being there for each other.
We have spent decades fighting for families across the Commonwealth, and we are ready to fight for yours. Call us today for a free consultation and let us begin reviewing your case right away.
When your family is coping with such a devastating loss, you need a legal team that treats your case with the seriousness and compassion it deserves. Here is what sets us apart:
Serving families in Indiana, PA, State College, DuBois, Altoona, Johnstown, and communities throughout Pennsylvania, we are more than a law firm. We are part of your community. Contact us now to schedule your free consultation.
A wrongful death claim is a civil lawsuit brought by the surviving family members of someone who died because of another party’s negligence, reckless actions, or intentional wrongdoing. Under Pennsylvania’s Wrongful Death Act, 42 Pa.C.S. § 8301, an action may be brought to recover damages when an individual’s death is caused by the wrongful act, neglect, unlawful violence, or negligence of another person or entity.
Think of it this way: if your loved one would have been able to file a personal injury lawsuit had they survived, your family likely has the right to file a wrongful death claim instead. These cases can stem from many different situations, including:
Each of these situations involves a party who had a duty to act safely and failed to do so. A Pennsylvania wrongful death lawsuit seeks to hold that party accountable for the harm their actions caused your family.
Pennsylvania law has clear rules about who is allowed to bring a wrongful death claim. Under the Wrongful Death Act, 42 Pa.C.S. § 8301, the personal representative of the deceased person’s estate is the primary party responsible for filing the lawsuit. This is typically the executor named in your loved one’s will or an administrator appointed by the court if no will exists.
The personal representative files the claim on behalf of the statutory beneficiaries, which are limited to:
These are the only individuals recognized as wrongful death beneficiaries under Pennsylvania law. Siblings, grandparents, unmarried partners, and other relatives do not have the legal standing to file or recover damages through a wrongful death claim, regardless of how close their relationship was to the person who passed.
Pennsylvania law includes an important exception. If the personal representative does not file the wrongful death lawsuit within six months of the date of death, the eligible beneficiaries listed above (spouse, children, or parents) may file the lawsuit themselves on behalf of all entitled parties.
This safeguard helps ensure that families are not left without legal options simply because an estate representative has not yet acted.
One of the most important things for families to understand is that Pennsylvania does not impose a cap on compensatory damages in wrongful death cases. This means there is no maximum limit on what a jury can award for your family’s losses. The compensation you may be eligible to seek is based on the specific facts and circumstances of your case.
Wrongful death damages in Pennsylvania typically fall into two categories.
Economic damages cover the measurable financial losses your family has suffered, such as:
These losses are calculated based on factors like your loved one’s age, health, occupation, and earning history.
Non-economic damages address the personal and emotional losses your family has endured, including:
While harder to put a dollar figure on, these non-economic losses are a critical part of your family’s wrongful death claim and deserve to be fully represented.
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In addition to a wrongful death claim, Pennsylvania law also allows for what is called a survival action under 42 Pa.C.S. § 8302. A survival action is a separate but related claim filed by the personal representative of the estate.
It seeks compensation for the losses your loved one experienced between the time of their injury and the time of their death, including their pain and suffering, medical expenses, and lost wages during that period.
These two claims are often filed together in the same lawsuit to seek the fullest possible recovery for your family. Our team of Pennsylvania wrongful death lawyers can help guide you through the probate and filing process so that nothing stands in the way of your family’s pursuit of justice.
Time is a critical factor in any wrongful death case. Under 42 Pa.C.S. § 5524, the statute of limitations for filing a wrongful death lawsuit in Pennsylvania is two years from the date of death. This is an important distinction: the clock starts on the date your loved one passed away, not the date of the accident or incident that caused their injuries.
If this deadline passes without a lawsuit being filed, the court will almost certainly dismiss your case. Two years can feel like a long time, but investigating a wrongful death claim, gathering evidence, consulting with professionals, and preparing a strong case takes significant effort. The sooner you reach out to a Pennsylvania wrongful death attorney, the better positioned your family will be to meet this deadline and build the strongest case possible.
There are limited exceptions that may extend this deadline in certain circumstances, such as when the injured person is a minor or when the cause of death was not immediately known. Because these situations are complex and fact-specific, speaking with a knowledgeable wrongful death lawyer as early as possible is important.
Wrongful death claims arise from a wide range of preventable situations. Across our communities in central and western Pennsylvania, we have seen families impacted by many types of fatal incidents:
No matter the cause, the common thread is that someone else’s negligence or wrongdoing led to a preventable death. Your family deserves answers, accountability, and fair compensation.
Understanding the general process of a wrongful death lawsuit can help your family feel more prepared during a difficult time. While every case is different, here is a broad overview of how these claims typically move forward:
Throughout every stage of this process, our team keeps you informed and supported so that you can focus on your family while we handle the legal details.
Here are answers to some of the most common questions families ask about wrongful death claims in Pennsylvania.
The statute of limitations is two years from the date of your loved one’s death. It is important to contact a Pennsylvania wrongful death attorney well before that deadline to allow enough time for a thorough investigation and case preparation.
Yes. A criminal prosecution and a civil wrongful death lawsuit are separate legal proceedings. Your family can pursue a wrongful death claim regardless of whether criminal charges have been filed or what the outcome of a criminal case may be. The standard of proof in a civil case is lower than in a criminal case.
A wrongful death claim compensates the surviving family members for their own losses, such as lost income and loss of companionship. A survival action compensates the deceased person’s estate for what they suffered between the time of injury and the time of death, such as pain and suffering and medical bills. Both claims are typically filed together.
As a general rule, damages recovered through a wrongful death action are not considered taxable income. However, tax rules can be complex and may vary depending on the specific types of damages awarded. It is wise to speak with a tax professional about your particular situation.
Pennsylvania follows a modified comparative negligence rule. As long as your loved one was less than 51% at fault for the incident that caused their death, your family may still be able to recover compensation. The total damages may be reduced by the percentage of fault attributed to your loved one.
It is possible, but claims against government agencies in Pennsylvania come with additional requirements and shorter notice deadlines. If you believe a government entity is responsible for your loved one’s death, it is especially important to contact an attorney quickly.
Not necessarily. Many wrongful death cases are resolved through settlement negotiations without ever going to trial. However, if a fair settlement cannot be reached, having a legal team that is prepared and willing to go to trial is essential to protecting your family’s rights.
Your family should not have to carry this burden alone. If you have lost someone you love because of another person’s negligence, we want to hear from you. At Marcus & Mack, helping injured people and grieving families is not just what we do. It is all we do.
With offices in Indiana, PA, and attorneys serving families in State College, DuBois, Altoona, Johnstown, and communities throughout Pennsylvania, we are ready to fight for the justice and accountability your family deserves. There are no upfront costs, no hidden fees, and no attorney fee unless we recover compensation for you.
Call Marcus & Mack today to schedule your free consultation. We are available 24 hours a day, 365 days a year, and we are here for you every step of the way.
By: Breona C.
57 S 6th Street, The Mitchell House Indiana PA 15701 Phone: (724) 349-5602 Marcus & Mack