The Legal Path After a Tragic Loss
Losing a loved one due to negligence is devastating. Pennsylvania provides two complementary legal remedies:
- Wrongful Death (42 Pa.C.S. § 8301): compensates the family for their own losses — love, companionship, and financial support.
- Survival Action (42 Pa.C.S. § 8302): compensates the estate for what the decedent would have recovered if they had lived.
Who Can File
Only the personal representative of the estate can file suit, but proceeds are distributed to family members as defined by statute — usually the spouse, children, or parents.
Common Wrongful Death Scenarios
- Trucking or industrial accidents
- Medical malpractice and surgical errors
- Nursing home neglect or abuse
- Defective vehicles or machinery
Recoverable Damages
- Funeral and burial costs
- Loss of future earnings and benefits
- Emotional pain and suffering
- Loss of companionship and parental guidance
At Clause Law Group, we treat every wrongful death case with compassion and precision — building the evidentiary foundation needed for maximum recovery while helping families find closure.