Pennsylvania Wrongful Death Settlement Calculator
42 Pa. Cons. Stat. §5524(2) — two years from the date of death, not the date of injury. The claim belongs directly to the spouse, children, or parents. No statutory cap on contingency fees, only a reasonableness standard.
How is a Pennsylvania wrongful death claim structured? Pennsylvania has no dedicated wrongful-death statute of limitations — the claim falls under the state's general two-year period, and courts count the two years from the date of death. The spouse, children, or parents of the deceased may sue directly, without needing a personal representative, and split any recovery under the state's intestacy shares.
⚖ 42 Pa. Cons. Stat. §5524(2): two years from the date of death (Pastierik v. Duquesne Light Co.). Spouse, children, or parents may sue directly — no personal representative required. No statutory cap on attorney contingency fees, only Pa. R.P.C. 1.5(a) reasonableness.
Your Injury
Your Estimated Settlement
$36,000 — $66,000
Pain and suffering = $15,000 in medical bills × 3.0 severity multiplier. Your bills are already included in that figure, so they are not added again.
What you'd actually take home
- Estimated settlement
- $51,000
- Attorney fee (33–40%)
- −$17,000 to −$20,400
- Roughly yours
- $30,600 – $34,000
Not included: case costs (court filing, expert witnesses, medical records) and any medical liens or health-insurance reimbursement. Those come out of your share too, so treat the figure above as an upper bound.
Keep this estimate — it is gone when you close the tab.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor · Last updated
Pennsylvania Wrongful Death — Who Can Sue and When
Pennsylvania has no separate wrongful-death limitations statute. The claim falls under the state's general two-year statute of limitations for injury to the person or death caused by another's wrongful act, neglect, unlawful violence, or negligence, codified at 42 Pa. Cons. Stat. § 5524(2). That clause does not itself state when the clock starts. In Pastierik v. Duquesne Light Co., 514 Pa. 517 (1987), the Pennsylvania Supreme Court held that because a wrongful-death cause of action belongs to the statutory beneficiaries and does not exist until the death occurs, the two years run from the date of death, not the date of the underlying injury. In practice that means a death more than two years ago is likely outside this window, however recently the family learned what caused it.
Section 5524(2) does not carve out a separate period for medical-malpractice defendants. Claims against the Commonwealth or a local government agency also face additional notice requirements under the Political Subdivision Tort Claims Act, which sit outside this citation and are not covered on this page.
Under 42 Pa. Cons. Stat. § 8301(b), (d), the right to sue belongs only to the spouse, children, or parents of the deceased — they can bring the claim directly, without a personal representative, and any recovery is split among them in the same shares they would take under Pennsylvania's intestacy law. Only when no spouse, child, or parent is eligible does the estate's personal representative step in, and even then only to recover a narrower category of damages: hospital, nursing, medical, funeral, and estate-administration expenses. On attorney fees, Pennsylvania sets no statutory cap on contingency percentages. Fees are governed instead by a reasonableness standard under Pa. R.P.C. 1.5(a), reinforced by Heller v. Frankston, 475 A.2d 1291 (Pa. 1984). A sliding 30/25/20% scale sometimes cited for medical-malpractice fees has not been valid law since Heller.
Pennsylvania Wrongful Death FAQs
Who can file a wrongful death claim in Pennsylvania?
Under 42 Pa. Cons. Stat. § 8301(b), the right of action exists only for the benefit of the spouse, children, or parents of the deceased. They may sue directly, without needing a personal representative to be appointed first, and any recovery is divided among them according to Pennsylvania's intestacy shares.
How long do I have to file a wrongful death claim in Pennsylvania?
Two years. Pennsylvania has no dedicated wrongful-death limitations statute; the claim falls under the general two-year period at 42 Pa. Cons. Stat. § 5524(2). Against today's date (August 25, 2026), a death more than two years ago is likely outside this window.
Does the two-year clock start at the injury or at the death?
At the death. Section 5524(2) does not state an accrual date on its face, but in Pastierik v. Duquesne Light Co., 514 Pa. 517 (1987), the Pennsylvania Supreme Court held that because the wrongful-death cause of action belongs to the statutory beneficiaries and only arises at death, the two years run from the date of death — even if the underlying injury happened earlier.
What if there is no surviving spouse, child, or parent?
Then, under § 8301(d), the personal representative of the deceased's estate may bring the claim instead. That route recovers a narrower set of damages than a direct beneficiary claim: hospital, nursing, and medical expenses, funeral costs, and estate-administration expenses.
Do I need to open an estate before filing?
Not if a spouse, child, or parent of the deceased is available — § 8301(b) lets them sue directly. An estate only becomes relevant if no spouse, child, or parent is eligible.
How is a wrongful death recovery divided among family members?
Section 8301(b) directs that any recovery goes to the spouse, children, or parents of the deceased in the same proportions they would inherit under Pennsylvania's intestacy law, rather than in equal shares or by court discretion.
What percentage does a lawyer take in a Pennsylvania wrongful death case?
There is no statutory cap on contingency-fee percentages in Pennsylvania wrongful-death cases. Fees are instead governed by a reasonableness standard under Pa. R.P.C. 1.5(a), reinforced by Heller v. Frankston, 475 A.2d 1291 (Pa. 1984). An older 30/25/20% sliding scale for medical-malpractice fees is sometimes still cited online — it has not been valid since Heller.
Are claims against a government agency handled differently?
Section 5524(2) does not itself carve out a separate rule for government defendants, but claims against the Commonwealth or a local agency also face notice requirements under the Political Subdivision Tort Claims Act, which is outside the scope of this page.
Related
Wrongful Death Calculators by State
Wrongful-death damages, caps, and who can file vary by state:
Other Calculators for Pennsylvania
Each Pennsylvania calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses Pennsylvania verdict data where available.