Losing a loved one is always devastating—especially when their death was caused by someone else’s negligence or wrongdoing. In Pennsylvania, families may be entitled to pursue a wrongful death claim to recover financial compensation and hold the responsible party accountable.

If you’re in Scranton, Harrisburg, or Pittsburgh, here’s what you need to know about who can file a wrongful death claim, how the process works, and why having the right legal team matters.


What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit brought against an individual, business, or entity whose negligent or intentional actions led to someone’s death. These claims allow surviving family members to seek compensation for:

  • Medical expenses

  • Funeral and burial costs

  • Lost income or support

  • Pain and suffering

  • Loss of companionship

 

Who Can File a Wrongful Death Claim in Pennsylvania? What Families in Scranton, Harrisburg, and Pittsburgh Need to Know

Under Pennsylvania law (42 Pa. C.S. § 8301), the right to file a wrongful death claim is granted to the personal representative of the deceased person’s estate—often a spouse, adult child, or parent.

More specifically:

  • If the decedent had a will, the executor named in the will may file the claim.

  • If there is no will, the court may appoint a personal representative, typically a close family member.

If the personal representative does not file a claim within six months of the death, any of the beneficiaries (spouse, children, or parents) may file the wrongful death claim on behalf of all eligible parties.


Who Cannot File a Wrongful Death Claim?

In Pennsylvania:

  • Siblings, cousins, and friends generally cannot file a wrongful death claim unless they are also the court-appointed personal representative or legal beneficiary.

  • Unmarried partners and fiancés typically do not qualify unless legally designated by the estate.


What Is the Statute of Limitations?

Pennsylvania has a 2-year statute of limitations for wrongful death claims. This means you must file the claim within two years of the date of death, or you may lose your right to compensation.


Wrongful Death Claims in Scranton, Harrisburg, and Pittsburgh

Each region in Pennsylvania has its own local court system, and wrongful death cases can vary based on where the incident occurred. If your loved one passed away in Scranton, Harrisburg, or Pittsburgh, it’s essential to work with a law firm that understands:

  • Local court procedures

  • Jury expectations

  • Regional nuances in case value and insurance practices

Pisanchyn Law Firm has offices across Pennsylvania and decades of experience helping families file wrongful death claims throughout the state.


Do You Need an Attorney for a Wrongful Death Claim?

Yes—wrongful death cases can be complex and emotionally charged. Insurance companies often try to minimize payouts, and proving negligence or liability may require detailed investigations, expert witnesses, and legal strategy.

Working with an experienced wrongful death attorney ensures:

  • Deadlines are met

  • All potential compensation is considered

  • Your family’s rights are protected every step of the way


Speak to a Pennsylvania Wrongful Death Attorney Today

If you’ve lost a loved one in an accident caused by someone else’s actions, don’t wait. Contact a trusted wrongful death attorney serving Scranton, Harrisburg, and Pittsburgh to discuss your legal options.

Pisanchyn Law Firm offers free consultations and works on a contingency basis—you pay nothing unless we win your case.


Pisanchyn Law Firm – Compassionate Legal Support for Families Seeking Justice