A Careful Assessment for Your Family
At CM Injury, we give personal attention to your family and its file when you consult us about a Pennsylvania wrongful-death matter. We read the records and explain our assessment, including whether and how we would proceed.
Pennsylvania Wrongful Death Lawyers
Guide contentsA claim for a death and claims that survive a death
Pennsylvania’s wrongful death law allows a claim when another’s wrongful act, neglect, unlawful violence or negligence causes a death.1 The claim must follow procedures prescribed by general rules and meet this condition: “if no recovery for the same damages claimed in the wrongful death action was obtained by the injured individual during his lifetime and any prior actions for the same injuries are consolidated with the wrongful death claim so as to avoid a duplicate recovery.”1
“Except as provided in subsection (d),” the action benefits only the deceased person’s spouse, children or parents, regardless of citizenship or residence in Pennsylvania or elsewhere.2 Damages are distributed to these beneficiaries in “the proportion they would take the personal estate of the decedent in the case of intestacy,” without liability to the deceased person’s creditors under Pennsylvania statutes.2
Subsection (d) provides: “If no person is eligible to recover damages under subsection (b), the personal representative of the deceased may bring an action to recover damages for reasonable hospital, nursing, medical, funeral expenses and expenses of administration necessitated by reason of injuries causing death.”3
In an action under the general rule in subsection (a), the person bringing the claim is entitled to recover certain expenses in addition to other damages.4 These are reasonable hospital, nursing, medical and funeral expenses, and expenses of administration, necessitated by the injuries causing death.4
Pennsylvania’s survival law preserves all causes of action or proceedings, real or personal, after the death of the person bringing or defending the case.5 This includes the death of one or more joint plaintiffs or defendants.5
The deadline for filing
Pennsylvania law requires a lawsuit seeking damages for personal injuries or a death caused by another person's wrongful act, neglect, unlawful violence or negligence to be started within two years.67
For civil matters started under the chapter containing Pennsylvania section 5502, the rule for a legal claim measures the filing period from when that claim arose, “except as otherwise provided by subsection (b) or by any other provision of this chapter”.8
This overview does not calculate your family's start date. We review your family's timeline and records with you.
Punitive Damages and Claims Against a Local Agency
You may be asking how Pennsylvania law treats punitive damages for conduct that seems worse than carelessness, and what rules apply when the party responsible is a local agency. This section covers two narrow points of Pennsylvania law, and we are glad to talk through how they apply to your family.
In Pennsylvania, punitive damages are penal in nature and are proper only in cases where the defendant's actions are so outrageous as to demonstrate willful, wanton or reckless conduct.9 Their purpose is to punish a wrongdoer for outrageous conduct and to deter that person or others like him from similar conduct.9 In Hutchison v. Luddy, the Pennsylvania Supreme Court wrote that a punitive damages claim must be supported by evidence sufficient to establish two things. The first is that the defendant had a subjective appreciation of the risk of harm to which the plaintiff was exposed, and the second is that the defendant acted, or failed to act, in conscious disregard of that risk.10
The same court wrote that a showing of ordinary negligence is not enough to warrant punitive damages, and that a jury cannot be instructed that, having found negligence, an award of punitive damages is appropriate.10 It also wrote that the penal and deterrent purpose of punitive damages is furthered when outrageous conduct occurs in a case sounding in negligence, as well as when an intentional tort is at issue.10 For claims of negligent supervision in particular, the court rejected the Superior Court's conclusion that punitive damages are unavailable as a matter of law.11
This section does not address whether punitive damages are available in a particular claim or against a particular defendant. Claims against a local agency are treated separately. Under Pennsylvania law, except as otherwise provided in the subchapter in which 42 Pa.C.S. § 8541 appears, no local agency is liable for any damages on account of any injury to a person or property caused by any act of the local agency or an employee thereof or any other person.12 Under 42 Pa.C.S. § 8542(a), a local agency is liable for such damages within the limits set forth in the subchapter in which § 8542 appears, if both of the statute's conditions are satisfied and the injury occurs as a result of one of the acts listed in subsection (b) of § 8542.13 The first condition is that the damages would be recoverable under common law or a statute creating a cause of action if the injury were caused by a person not having available a defense under section 8541 (relating to governmental immunity generally) or section 8546 (relating to defense of official immunity).14 The second condition is that "The injury was caused by the negligent acts of the local agency or an employee thereof acting within the scope of his office or duties with respect to one of the categories listed in subsection (b)." The statute adds that, as used in § 8542(a)(2), "negligent acts" "shall not include acts or conduct which constitutes a crime, actual fraud, actual malice or willful misconduct."15 Subsection (b) of § 8542 sets out a defined list of acts that may impose liability on a local agency.16 This section does not set out the limits that the subchapter in which § 8542 appears imposes.
If a local agency may be involved in your loss, we can review which of these rules applies before you decide what to do next.
Written Notice Before Suing a Government Unit in Pennsylvania
Losing someone is hard enough without a notice deadline on top of it. We cover only one requirement here, and it is not a complete list of what comes before a lawsuit.
Under Section 5522 of Title 42 of the Pennsylvania Consolidated Statutes, a person who is about to sue a government unit for damages on account of an injury to person or property must file a signed written statement in the office of the government unit within six months from the date the injury was sustained or the cause of action accrued.17 If the action is against a Commonwealth agency for damages, the statement must also be filed in the office of the Attorney General.17
The statement must set out the following. The statement must give the name and residence address of the person to whom the cause of action has accrued.18 It must give the name and residence address of the person injured.19 It must give the date and hour of the accident.20 It must give the approximate location where the accident occurred.21 It must give the name and residence or office address of any attending physician.22
If the statement is not filed, a civil action commenced against the government unit more than six months after the date of injury shall be dismissed, and the person to whom the cause of action accrued shall be forever barred from proceeding further on it within Pennsylvania or elsewhere.23 The court shall excuse failure to file the statement upon a showing of reasonable excuse.23
For a government unit other than the Commonwealth government, the time for giving written notice does not include the time during which an injured individual is unable, due to incapacitation or disability from the injury, to give notice, not exceeding 90 days of incapacity.2425 For such a unit, if the injuries to an individual result in death, the time for giving notice commences with the death.26 For such a unit, failure to comply with Section 5522(a) shall not be a bar if the unit had actual or constructive notice of the incident or condition giving rise to the claim.2427
Section 5522 does not apply to a civil action or proceeding brought under section 8522(b)(10), relating to exceptions to sovereign immunity, or section 8542(b)(9), relating to exceptions to governmental immunity.28 When we evaluate your case, we check whether a government unit is involved.
Shared fault can reduce recovery without preventing it
Pennsylvania's general shared-fault rule applies to negligence claims involving death, personal injury or property damage.29 The plaintiff's own negligence does not prevent recovery by the plaintiff or their legal representative if it is no greater than the harm-causing negligence of the defendant or defendants from whom they seek recovery.29
When that condition is met, damages are reduced in proportion to the negligence attributed to the plaintiff.29
Where a Pennsylvania case may be filed
Pennsylvania Rule 1006 addresses venue, the county where an action may be brought.30 The following are selected examples, not the full list.
For an action against an individual, one example is a county where “the individual may be served,” subject to the qualification: “Except as otherwise provided by subdivisions (b) and (c) of this rule”.30 Another example for an action against an individual is a county where “the cause of action arose,” subject to the same qualification: “Except as otherwise provided by subdivisions (b) and (c) of this rule”.30
Different rules govern certain other defendants; for example, actions against corporations and similar entities, “except as otherwise provided in subdivision (c), may be brought in and only in the counties designated by” Rule 2179.31
Subdivision (c) provides: “An action to enforce a joint or joint and several liability against two or more defendants, except actions in which the Commonwealth is a party defendant, may be brought against all defendants in any county in which the venue may be laid against any one of the defendants under the general rules of subdivisions (a) or (b).”32
Why Choose CM Injury
At CM Injury, we approach a Pennsylvania wrongful death matter by reading the records and considering the questions your family brings to us. We explain what we see in the file, what remains unclear, and whether and how we would proceed.
We give personal attention to your family's concerns as we discuss the next step. Our assessment includes the limits of what the records tell us, so our conversation stays grounded in the material we have reviewed.
“We prepare your Pennsylvania wrongful death case for trial with careful attention to the evidence and the story of the person your family lost.”
Reviewed and approved by Michael Cavaliere
How we handle these cases
How we approach your family's case
Listen to your family
We begin by listening to your account of the death and the questions you want us to address. We give your family and its file personal attention as we consider a potential Pennsylvania case.
Read the records
We review the records you share and identify the questions we need to examine. Our assessment begins with that review, without a promise that we will take the case.
Explain our assessment
We explain whether we would proceed and, if so, how we would approach the case. We take time to discuss the reasons for our assessment and the questions that remain.
Prepare for trial if retained
If you retain us, we approach the work with trial preparation in mind. We organize our review around the issues we would need to address and explain our approach to your family.
A careful review and a straight answer.
Or call a partner now at (267) 936-2233.
No fee unless we win. We discuss costs at the start of every case.
Questions about Pennsylvania wrongful death matters
Which relatives may benefit from a Pennsylvania wrongful death action?
Pennsylvania's wrongful death action exists for the benefit of the deceased person's spouse, children or parents, subject to the exception in section 8301(d). Those relatives may be beneficiaries regardless of citizenship or where they live. If no person is eligible under that beneficiary rule, the exception permits the deceased person's personal representative to bring an action for reasonable hospital, nursing, medical and funeral expenses, and expenses of administration, necessitated by the injuries causing death.
What does Pennsylvania's survival law say about a claim after a death?
Pennsylvania's survival law provides that all causes of action or proceedings, real or personal, survive the death of the person bringing the case or the person defending it. This also applies when one or more joint plaintiffs or defendants die.
How does shared fault affect a Pennsylvania negligence claim involving a death?
Under Pennsylvania's general shared-fault rule, the plaintiff's own negligence does not prevent recovery by the plaintiff or their legal representative if it is no greater than the harm-causing negligence of the defendant or defendants from whom recovery is sought. When that condition is met, damages are reduced in proportion to the negligence attributed to the plaintiff.
How will CM Injury assess our family's concerns?
We read the records and consider the questions your family brings to us. We explain what we see, what remains unclear, and whether and how we would proceed. Our discussion includes the limits of what the records tell us.
