Skip to main content

Pennsylvania law

Wrongful Death Laws in Pennsylvania.

Pennsylvania recognizes both wrongful-death and survival actions when someone dies because of another party’s wrongful act, neglect, unlawful violence, or negligence. The two claims are related but distinct, and families often need both analyzed together early.

Last verified: 2026-04-16

State law

Statute of Limitations

2 years from date of death42 Pa.C.S. § 5524(2)

Wrongful-death actions in Pennsylvania generally must be filed within 2 years of the date of death.

State law

Fault & Liability Rules

Modified Comparative Fault (51% Bar)42 Pa.C.S. § 7102

Pennsylvania’s comparative-fault rules still matter in wrongful-death litigation, including cases arising from negligence and product-related theories.

State law

Filing Requirements

Estate / Personal Representative Coordination42 Pa.C.S. §§ 8301, 8302

Wrongful-death and survival claims often require coordination with estate administration because the survival action is typically pursued through the decedent’s personal representative.

State law

Key Pennsylvania Statutes

Wrongful Death Action42 Pa.C.S. § 8301

Pennsylvania allows a wrongful-death action to recover damages for eligible family members when a death is caused by the wrongful act or negligence of another.

Survival Action42 Pa.C.S. § 8302

A Pennsylvania survival action preserves claims the decedent could have brought if they had lived, allowing the estate to pursue them.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Pennsylvania.

Next step

Move from state law into guided help or attorney search.

If you want help applying this information to your situation, start with guided help or browse attorneys for this issue in Pennsylvania.