Losing a loved one because of someone else's careless or wrongful actions leaves families grieving and searching for answers. In Pennsylvania, knowing how wrongful death liability works is the first step toward justice and financial recovery. At Handler, Henning & Rosenberg, we've guided Central Pennsylvania families through wrongful death claims for decades, helping them get clarity, accountability, and the means to move forward.
This guide explains what wrongful death liability means under Pennsylvania law, who can be held responsible, how fault is determined, and what steps your family should take if you believe your loved one's death could have been prevented.
What Does Wrongful Death Liability Mean in Pennsylvania?
Under Pennsylvania's Wrongful Death Act (42 Pa. C.S. § 8301), certain family members or the estate can seek compensation when a person or organization's wrongful, negligent, or intentional actions cause someone's death. These claims can arise from car crashes, medical malpractice, workplace incidents, unsafe products, dangerous properties, and more.
A wrongful death claim is separate from any criminal case. While prosecutors may file charges for offenses like homicide or reckless driving, a civil claim focuses on helping the family recover losses—such as medical bills, funeral expenses, lost income, and the loss of companionship—caused by the fatality.
Pennsylvania also recognizes survival actions, which let the estate recover damages the deceased could have claimed if they had lived—such as pain and suffering or lost earnings before death. Wrongful death and survival actions often run together in the same case, but they compensate different losses and may go to different beneficiaries.
Who Can Be Liable for Wrongful Death in Pennsylvania?
Responsibility can fall on individuals, businesses, healthcare providers, manufacturers, property owners, or even government entities—depending on the circumstances. Examples include:
- Commercial crashes — Both a truck driver and their employer may share liability if unsafe driving, poor vehicle maintenance, or company policy violations contributed to the crash.
- Medical negligence — Hospitals, physicians, or labs may be named if errors in treatment, diagnosis, or communication led to a fatal outcome.
- Unsafe products — Manufacturers, distributors, or retailers can be held responsible for deaths caused by defective machinery, toxic substances, or dangerous consumer goods.
- Premises hazards — Landlords or property managers may be liable if they failed to fix known dangers, such as faulty wiring or unstable structures.
Government-related claims—like deaths caused by hazardous roads or negligent municipal employees—come with special rules: shorter deadlines, strict notice requirements, and caps on damages. Acting quickly is critical to preserve these claims.
How Is Negligence Determined in Pennsylvania Wrongful Death Cases?
Negligence means showing that the defendant owed a duty of care, breached that duty, caused the death, and created damages for the family. This requires evidence tailored to the case:
- Auto accidents — Police reports, crash scene photos, traffic camera footage, phone records, and witness statements can show distraction, speeding, or impairment.
- Workplace or construction incidents — OSHA reports, safety logs, and training records can help reveal unsafe practices.
- Product liability — Engineering analyses, defect reports, and recall notices can tie a defective product to the fatality.
Our attorneys work with investigators, medical experts, and accident reconstruction specialists to connect every piece of evidence, counter defense arguments, and present a clear, well-supported case.
When Are Multiple Parties Liable for a Wrongful Death?
Many wrongful death cases involve more than one at-fault party. Pennsylvania recognizes joint and several liability, meaning multiple defendants may share financial responsibility based on their percentage of fault. Those more than 60% at fault can be required to pay the entire amount if other defendants can't cover their share.
For example, in a multi-vehicle crash, the drivers, an employer, and possibly a parts manufacturer could all be liable. Our team works to identify every responsible party, increasing the chances of full recovery and reducing the risk of an underfunded defendant leaving your family uncompensated.
How Does Comparative Negligence Affect Wrongful Death Cases?
Under Pennsylvania's modified comparative negligence rule, compensation is reduced by the percentage of fault assigned to the deceased. If they are found more than 50% at fault, the family cannot recover damages.
Insurance companies often try to push as much blame as possible onto the victim to limit payouts. We counter these tactics by collecting detailed evidence, using accident reconstruction, and challenging any inflated fault claims.
Who Can File a Wrongful Death Claim?
In Pennsylvania, the personal representative (executor or administrator) of the estate typically files the claim on behalf of beneficiaries such as spouses, children, or parents. If no claim is filed within six months, eligible beneficiaries can file directly.
When multiple heirs are involved, disagreements over how to divide damages can arise. We help families navigate these disputes so the focus stays on securing the recovery your loved one's memory deserves.
Which Damages Can Be Recovered?
Wrongful death damages in Pennsylvania can include:
- Economic losses — Lost wages and benefits, funeral and burial expenses, medical bills from the fatal incident, and the value of household services.
- Non-economic losses — Loss of companionship, guidance, emotional support, and consortium.
- Survival action damages — Pain, suffering, and lost earnings between injury and death.
We work with financial and medical experts to calculate both the tangible and intangible costs of your loss.
How Long Do You Have to File?
The statute of limitations for wrongful death in Pennsylvania is generally two years from the date of death. Missing this deadline almost always ends the right to recover. Exceptions exist but are rare—such as when the cause of death was not immediately known or when minors are beneficiaries. Acting quickly preserves evidence and keeps your options open.
Common Obstacles to Proving Wrongful Death Liability
Key evidence—like security footage or witness testimony—can vanish within days. Insurance companies may dispute fault, minimize damages, or drag out the process. Large defendants, such as corporations or municipalities, may use procedural tactics to delay or derail claims.
We move quickly to lock down evidence, work with trusted experts, and coordinate across our Central Pennsylvania offices to respond to challenges before they jeopardize your case.
Steps to Take If You Suspect Wrongful Death
If you believe negligence caused your loved one's death:
- Preserve all evidence—medical records, photos, vehicles, and relevant documents.
- Request official records such as death certificates, police reports, or autopsy findings.
- Gather witness statements quickly.
- Avoid speaking with insurers or opposing lawyers without your attorney present.
- Contact a law firm experienced in wrongful death cases to assess your options.
How Handler, Henning & Rosenberg LLC Serves Families After a Wrongful Death
For more than 100 years, Handler, Henning & Rosenberg LLC has stood with Central Pennsylvania families facing the unimaginable. We combine deep local knowledge, strong legal resources, and a track record of results. From our first meeting, we work to preserve your rights, secure evidence, and guide you through every step of the process.
If you've lost a loved one and suspect their death could have been prevented, contact us at (888) 498-3023. The sooner you reach out, the stronger your case can be—and the closer you are to securing the accountability and recovery your family deserves.