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Lancaster Attorneys Explain Pennsylvania’s Wrongful Death Laws

After losing a loved one, your overwhelming grief may make it difficult to take action to protect your rights. Insurance companies will exploit this by trying to pressure you into settling for less than you deserve. Our attorneys help you understand and pursue your legal rights.

Georgelis, Larsen & Sabatino Injury Law Firm, P.C. concentrates on recovering damages for Lancaster residents and visitors who have been injured or lost a loved one because of the negligence of a person or corporation. We know we cannot diminish your grief, but we do all we can to ease the financial burden on you and your family in a respectful, compassionate manner.

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Who Can Bring a Wrongful Death Claim in Pennsylvania?

Chapter 2200 of the Pennsylvania Code governs who can file a wrongful death lawsuit. The personal representative of your loved one’s estate is responsible for filing the wrongful death action on behalf of the beneficiaries of the estate. If the personal representative has not filed a claim within six months of your loved one’s death, however, a family member can file the claim on behalf of all of the beneficiaries.

Basis of a Wrongful Death Action in Pennsylvania

A wrongful death claim is based on the personal injury cause of action. Pennsylvania law allows family members to bring a wrongful death claim as though the deceased had filed a personal injury suit herself or himself. Pennsylvania law expressly allows a personal injury claim to survive a person’s death. To prevail in a wrongful death lawsuit, you must prove that the defendant was negligent and that this negligence was the cause of your loved one’s death.

Learn More About the Wrongful Death Laws in Pennsylvania

Discuss your rights after your loved one has died because of a person’s or corporation’s negligence. Call Georgelis, Larsen & Sabatino Injury Law Firm, P.C., P.C. at 717-394-3004 or contact us online to schedule your free initial consultation. Our attorneys are available whenever you need them, including in the evenings and on weekends. Park free at our office.

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Frequently Asked Questions About Wrongful Death Laws in Pennsylvania

At Georgelis, Larsen & Sabatino Injury Law Firm, P.C., we understand the profound pain and emotional devastation that accompanies the sudden loss of a loved one- especially when their passing could have been prevented. In the aftermath of such a tragedy, you deserve answers, justice, and a legal team that truly cares. That’s where we come in. With decades of combined experience representing families in Lancaster and throughout Pennsylvania, we are here to stand by your side and fight for the compensation and accountability you deserve.

Wrongful death claims are not just about financial recovery- they are about ensuring that negligent parties are held responsible and that surviving family members are not left to bear the burden alone. Our team of seasoned attorneys works tirelessly to navigate the complex legal landscape, investigate the circumstances of the loss, and advocate on behalf of those left behind. Below, we’ve compiled answers to some of the most frequently asked questions to help you better understand your rights and legal options under Pennsylvania’s wrongful death laws.

A wrongful death claim arises when someone dies due to the negligence, recklessness, or intentional act of another person or entity. Unlike a typical personal injury lawsuit where the injured party brings the case themselves, a wrongful death claim is filed on behalf of the deceased by their estate or eligible family members.

The goal is to recover damages for the losses suffered by the surviving family, such as lost income, companionship, funeral expenses, and emotional distress. The law treats the death as though the person could have brought a personal injury claim had they lived.

In Pennsylvania, this claim is governed by specific statutes that dictate who may file, what damages may be sought, and how the case proceeds. These cases can be emotionally and legally complex, so having experienced legal guidance is crucial.

In Pennsylvania, the personal representative (referred to as “executor,” if named in a will, or “administrator,” if appointed by the court in cases where there was no will) of the deceased’s estate may file a wrongful death lawsuit during the first six months after the death. If the personal representative does not take action within that time frame, then any of the decedent’s beneficiaries- typically a spouse, children, or parents- may file the lawsuit on behalf of all eligible beneficiaries.

This structure ensures that the claim is brought in an organized and comprehensive manner. It’s essential to act quickly and consult an attorney who can determine who the rightful filer is under the law. At Georgelis, Larsen & Sabatino, we guide families through this process to ensure the claim is filed properly and all beneficiaries’ interests are protected.

Wrongful death damages in Pennsylvania are intended to compensate the family for the tangible and intangible losses resulting from their loved one’s death. These can include:

  • Funeral and burial expenses
  • Medical bills related to the final injury or illness
  • Lost income and benefits the deceased would have provided
  • Loss of household services, comfort, guidance, and consortium

It’s important to distinguish wrongful death damages from survival action damages, which are brought by the estate and cover the pain and suffering endured by the deceased prior to death. We evaluate all aspects of a client’s loss to pursue the fullest compensation possible under the law.

A wrongful death claim is meant to compensate the surviving family members for the losses they have endured because of the death- such as loss of financial support, companionship, and funeral expenses.

A survival action, on the other hand, is brought on behalf of the deceased’s estate to recover damages the deceased could have claimed if they had survived. This includes compensation for pain and suffering, lost earnings between the time of injury and death, and other losses experienced by the decedent before passing.

Often, both claims are filed together. Our firm has years of experience handling these dual claims in tandem to ensure every avenue of justice and compensation is pursued.

Pennsylvania law imposes a two-year statute of limitations on wrongful death claims. This means that you generally have two years from the date of death to initiate legal proceedings.

Failing to file within this window may result in the claim being permanently barred. There can be some exceptions depending on the circumstances, such as cases involving minors or delayed discovery of negligence. That’s why it’s important to consult with an experienced attorney promptly. At Georgelis, Larsen & Sabatino, we act swiftly to preserve evidence, protect your rights, and meet all legal deadlines to keep your claim valid and strong.

Pennsylvania follows a modified comparative negligence rule. This means that as long as the deceased was less than 51% at fault for the accident, their family can still recover damages- though the award will be reduced in proportion to the level of fault.

For example, if the decedent was found to be 30% responsible, the total compensation would be reduced by 30%. This rule often makes wrongful death cases more complex, especially when insurance companies attempt to shift blame. We know how to counter these tactics and present compelling evidence that supports your claim for maximum recovery.

Yes, but suing a government entity in Pennsylvania- whether it’s a city, county, or the Commonwealth itself- comes with additional rules and restrictions. In order to bring a claim against the government, we must establish an exception to sovereign immunity. Additional restrictions include shorter notice deadlines and limits on recoverable damages.

For instance, you must file a notice of intent to sue within six months of the incident, and there are statutory caps on the amount of money that can be recovered from government bodies. In Pennsylvania, claims against the Commonwealth are capped at $250,000 and claims against municipalities are capped at $500,000. Because of these complexities, it’s critical to work with attorneys who have handled governmental claims before.

We’ve successfully represented families in claims involving public transportation accidents, unsafe public properties, and other government-related negligence.

Not necessarily. Many wrongful death cases are settled outside of court through negotiations or mediation, especially when the evidence of liability is strong.

However, if the other party refuses to offer a fair settlement, we are fully prepared to take the case to trial. Our firm has a strong reputation in the courtroom and is known by insurance companies and opposing counsel as a serious, results-driven legal team. We approach each case with the readiness to litigate, which often gives us leverage in settlement discussions.

Whether your case is resolved inside or outside the courtroom, our focus is always on getting justice for your loved one and securing the compensation you need to move forward.

At Georgelis, Larsen & Sabatino Injury Law Firm, P.C., we work on a contingency fee basis for wrongful death cases. This means you pay nothing upfront, and we only collect a fee if we win compensation for you. This ensures that families dealing with tragedy and financial stress can access high-quality legal representation without worrying about out-of-pocket legal expenses.

During your free consultation, we will explain exactly how our fee structure works, so there are no surprises. We are here to take the burden off your shoulders and allow you to focus on healing while we focus on your case.

For your consultation, it’s helpful to bring as much documentation as possible related to your loved one’s death and the circumstances surrounding it. This may include:

  • Death certificate
  • Medical records
  • Accident or police reports
  • Photos or video evidence
  • Witness information
  • Insurance documents
  • Any communication with the at-fault party or insurers

Don’t worry if you don’t have everything- our legal team will guide you through the information-gathering process. The more we know early on, the better we can evaluate your case and develop a strategy for pursuing justice on your family’s behalf.

Reviewed by Anthony M. Georgelis, Attorney at Georgelis, Larsen & Sabatino Injury Law Firm, on May 20th 2025.

Reviewed by Anthony M. Georgelis, Attorney at Georgelis, Larsen & Sabatino Injury Law Firm, on May 20th 2025.

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Get The Maximum Compensation For Your Wrongful Death Claim

1

Call Georgelis First!

We can be reached through our website or by phone at 717-394-3004.

2

Free, No-Obligation Consultation

We will take as long as you need to explain the process, answer all of your questions and put your mind at ease. And if you can’t come to us, we’ll come to you!

3

Focus on Your Recovery

Let Georgelis handle everything else. Your peace-of-mind is our priority. While we work our hardest to get you every penny you deserve, relax knowing that Georgelis has your back.

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