Personal Injury · Wrongful Death
Wrongful Death Lawyer Pittsburgh
A wrongful death claim in Pennsylvania arises when a person’s death is caused by another party’s negligence or misconduct. A wrongful death lawyer evaluates both the liability and the full scope of recoverable damages across two separate legal actions. Pennsylvania law also recognizes a separate survival action brought by the estate to recover damages the decedent could have claimed had they survived.
Both require careful coordination between personal injury litigation and estate administration and probate. Wrongful death cases are handled on a contingent fee basis. Legal fees are paid only if compensation is recovered. Costs and expenses are discussed and agreed at the outset. For details, see how personal injury lawyers are paid. Lebovitz & Lebovitz, P.A. handles wrongful death and survival actions throughout Pittsburgh, Allegheny County, and southwestern Pennsylvania.
Lebovitz & Lebovitz, P.A. · A Pittsburgh Law Firm With Roots to 1933. Serving Allegheny County and southwestern Pennsylvania.
The statute of limitations for wrongful death and survival actions in Pennsylvania is two years from the date of death.
Missing this deadline permanently bars recovery for the estate and surviving family members. Call 412-351-4422 or contact our office to discuss your situation.
What to Do After a Fatal Accident
If you have lost a family member due to someone else’s negligence, the steps you take in the first days and weeks directly affect the strength of the legal claims available to you. Preserve all evidence related to the incident immediately. Photographs of the scene, witness contact information, police reports, and any available video should be secured before they become unavailable. Do not give recorded statements to the at-fault party’s insurance company before consulting with an attorney. Early statements are routinely used to limit liability and reduce the value of both the wrongful death and survival claims.
Open the estate promptly. The wrongful death action must be filed by the personal representative, and the two-year statute of limitations runs regardless of whether estate administration has begun. Identify all potentially applicable insurance coverage early: the at-fault party’s liability policy, any umbrella or excess coverage, and the deceased’s own uninsured and underinsured motorist coverage if the death arose from a vehicle accident. Wrongful death claims often arise from the same events that produce catastrophic injury, and the evidence that supports both claims can be lost if it is not preserved early.
Two Separate Claims: Wrongful Death and Survival Action
Pennsylvania law provides two distinct legal claims when a death is caused by another party’s negligence. They are filed together but compensate for different losses. Understanding the distinction matters because the beneficiaries, the damages, and the procedural requirements are different for each.
A wrongful death action compensates the surviving family members for their own losses caused by the death. These are the losses the family suffers going forward: loss of financial support, loss of services the deceased provided, loss of companionship and guidance, and funeral and burial expenses. The wrongful death claim belongs to the surviving family, not to the estate. Beneficiaries are the spouse, children, and parents of the deceased. If there is no spouse, child, or parent surviving, the wrongful death claim passes to other next of kin.
A survival action is a different claim entirely. It compensates the estate for what the deceased suffered and lost before death. This includes the pain and suffering experienced between the injury and death, medical expenses incurred before death, and the lost earnings and earning capacity the deceased would have accumulated had they lived. The survival action belongs to the estate and is pursued by the personal representative. Recovery passes through the estate and is subject to Pennsylvania inheritance tax and creditor claims.
Who Can Bring a Wrongful Death Claim in Pennsylvania
The wrongful death action must be filed by the personal representative of the estate on behalf of the surviving beneficiaries. If no action is filed within six months of the death, any individual beneficiary may bring the action. The personal representative role is typically filled by the executor named in the will or, if there is no will, by an administrator appointed by the Orphans’ Court.
If the estate has not yet been opened, or if there is a dispute about who should serve as personal representative, those matters must be addressed promptly. The two year statute of limitations runs regardless of whether the estate administration is complete.
Estate Coordination and Administration
Wrongful death and survival actions require close coordination between the litigation and estate administration. The survival action recovery passes through the estate, which means proper estate administration, accounting, and distribution must accompany the litigation. Inheritance tax applies to survival action proceeds. Creditor claims against the estate may affect distribution. The personal representative has fiduciary duties to the estate beneficiaries that run throughout the process.
Clients dealing with the sudden death of a family member should not have to coordinate between separate counsel for the personal injury claim and the estate. We manage both, ensure the filings are aligned, and protect the recovery through distribution.
This coordination matters practically. Survival action proceeds pass through the estate, which means the estate must be properly administered before distribution can occur. Pennsylvania inheritance tax applies to survival action recovery at rates that depend on the beneficiary’s relationship to the deceased. Creditor claims against the estate are addressed before distribution. The personal representative has ongoing fiduciary duties throughout. A wrongful death attorney who does not also handle estate administration leaves the family to manage that coordination on their own, at a time when they are least equipped to do it.
Common Causes of Wrongful Death Claims
Wrongful death claims arise from the same categories of negligence that produce serious injury claims, including car and truck accidents, premises liability, workplace accidents involving third party tortfeasors, defective products, and medical negligence. The claim does not require that the death was intentional. Negligence, which is a failure to exercise reasonable care under the circumstances, is sufficient. When a commercial carrier, property owner, employer, manufacturer, or medical provider caused the death through negligence, both wrongful death and survival claims are available. In cases involving catastrophic injury that results in death, the survival action may include substantial damages for the period between injury and death.
Damages in Wrongful Death and Survival Cases
Wrongful death damages compensate the surviving family for financial support the deceased would have provided over their expected lifetime, the value of services they performed, loss of companionship and guidance, and funeral and burial expenses. These damages are not subject to Pennsylvania inheritance tax because they belong to the beneficiaries directly, not the estate.
Survival action damages compensate the estate for the deceased’s pre-death pain and suffering, conscious awareness of impending death, medical expenses incurred from the injury to death, and the future earnings the deceased would have accumulated. These damages pass through the estate and are subject to inheritance tax and creditor claims. The distinction between wrongful death and survival action damages affects how proceeds are taxed and distributed, and must be addressed in any settlement or verdict. For more on how damages affect personal injury case value, see our valuation guide.
Modified Comparative Negligence and Wrongful Death
Pennsylvania’s modified comparative negligence rule applies in wrongful death cases. Recovery is permitted as long as the deceased was less than 51 percent at fault for the accident, with damages reduced proportionally by the deceased’s percentage of fault. Defense strategies in wrongful death cases frequently include contributory fault arguments directed at the deceased’s conduct. Building the liability record from the outset, including preserving accident scene evidence, witness statements, and any relevant records, is how those arguments are addressed.
Insurance Coverage in Wrongful Death Cases
Identifying all available coverage is the first step in every wrongful death matter. This includes the at-fault party’s liability coverage, any umbrella or excess coverage, the deceased’s own uninsured and underinsured motorist coverage if the death arose from a vehicle accident, workers’ compensation if the death was work-related, and any applicable products liability coverage if a defective product contributed. UM/UIM coverage on the deceased’s own auto policy may provide recovery when the at-fault party was uninsured or carried insufficient limits. Stacked coverage multiplies the available UM/UIM limits across vehicles. Identifying and pursuing all coverage sources is part of how serious wrongful death matters are handled.
Frequently Asked Questions About Wrongful Death Claims in Pennsylvania
What is the difference between a wrongful death claim and a survival action in Pennsylvania?
A wrongful death claim compensates surviving family members for their own losses, including loss of financial support, services, and companionship. A survival action compensates the estate for what the deceased suffered before death, including pain and suffering, medical expenses, and lost future earnings. Both claims are typically filed together by the personal representative of the estate.
How long do we have to file a wrongful death claim in Pennsylvania?
Two years from the date of death. This applies to both the wrongful death action and the survival action. Missing this deadline permanently bars recovery. Do not assume the deadline is clear without confirming it based on the specific facts of the case, as certain circumstances can affect when the period begins.
Who receives wrongful death compensation?
Wrongful death damages go directly to surviving beneficiaries: the spouse, children, and parents of the deceased. They do not pass through the estate and are not subject to inheritance tax. Survival action proceeds pass through the estate and are distributed according to the will or intestacy law after creditors and taxes are addressed.
Does the estate need to be open before filing a wrongful death claim?
The wrongful death action is filed by the personal representative of the estate. If no estate has been opened, one needs to be established. If no action is filed by the personal representative within six months of death, an individual beneficiary may file. The statute of limitations runs regardless of whether estate administration has been completed. Opening the estate promptly protects the claim.
What if the deceased was partly at fault for the accident?
Pennsylvania follows modified comparative negligence. Recovery is available as long as the deceased was less than 51 percent at fault, with damages reduced proportionally by the deceased’s percentage of fault. At 51 percent or more, recovery is barred. Defense counsel routinely argues contributory fault in wrongful death cases. Building the liability record early is how those arguments are countered.
Are wrongful death proceeds subject to Pennsylvania inheritance tax?
Wrongful death damages paid directly to surviving family members are not subject to Pennsylvania inheritance tax because they belong to the beneficiaries, not the estate. Survival action proceeds pass through the estate and are subject to inheritance tax at the applicable rate depending on the beneficiary’s relationship to the deceased. Properly allocating proceeds between wrongful death and survival action claims affects the tax result and should be addressed in any settlement or verdict.
Can we recover if the person at fault has minimal insurance?
Possibly. The deceased’s own uninsured and underinsured motorist coverage may provide recovery when the at-fault party carried no insurance or insufficient limits. Stacked UM/UIM coverage multiplies the available limits across vehicles. Identifying all coverage sources, including umbrella policies, employer coverage, and products liability insurance where applicable, is the first step in every wrongful death matter.
Do we need separate attorneys for the estate and the wrongful death claim?
No. We handle both the wrongful death and survival action litigation and the estate administration for these matters. Coordinating both in one representation avoids gaps between counsel, ensures the litigation and estate filings are aligned, and protects the recovery through distribution.
This page covers wrongful death and survival actions in Pennsylvania. For the full personal injury practice, see personal injury in Pittsburgh. For estate coordination required in these cases, see estate administration and probate. For how fault affects recovery, see comparative negligence in Pennsylvania.