What Is Wrongful Death and How Is It Determined?
What Is Wrongful Death and How Is It Determined?
When a loved one dies unexpectedly, the emotional toll on families is devastating. That pain is only magnified when the death was caused by someone else’s negligence or misconduct. In Pennsylvania, when an individual loses their life due to the careless, reckless, or intentional actions of another party, it may be considered a wrongful death—and the surviving family members may have the right to pursue legal action.
At Crichton Injury Law, we help families understand their rights during these difficult times and guide them through the legal steps that follow.
Understanding Wrongful Death
Wrongful death occurs when a person dies as a result of another party’s wrongful or negligent conduct. The concept is rooted in personal injury law, which allows individuals to seek compensation when they are harmed by another’s actions. In a wrongful death case, the victim is no longer able to pursue a claim on their own behalf, so the law provides a pathway for surviving relatives to seek justice on their behalf.
Common causes of wrongful death may include:
- Car, truck, or motorcycle accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Unsafe premises
- Criminal acts
Each case is unique, but the underlying legal principle is the same: if the deceased would have had the right to file a personal injury claim had they survived, then their death may be considered wrongful under Pennsylvania law.
How Is Wrongful Death Determined?
In Pennsylvania, wrongful death is determined by evaluating whether the death resulted from another person or entity's negligence or unlawful actions. Several key factors are considered in making this determination:

1. Duty of Care
The first step is establishing that the defendant owed a legal duty of care to the deceased. For example, drivers are expected to follow traffic laws, doctors must provide appropriate medical care, and property owners are required to keep their premises safe.
2. Breach of Duty
Next, it must be shown that the defendant breached this duty through their actions or failure to act. This may include running a red light, making a medical error, failing to warn of a hazard, or engaging in reckless behavior.
3. Causation
There must be a direct link between the breach of duty and the cause of death. The evidence must show that the defendant’s conduct directly contributed to the fatal outcome.
4. Damages
Finally, there must be measurable losses—also known as “damages”—resulting from the death. These may include funeral and burial expenses, medical costs, lost income, loss of companionship, and emotional suffering experienced by the family.
Who Can File a Wrongful Death Claim in Pennsylvania?
Under Pennsylvania law, wrongful death claims must be filed by the personal representative of the deceased’s estate. This representative typically acts on behalf of surviving family members, including:
- Spouse
- Children
- Parents
If a claim is not filed within six months of the date of death, any beneficiary who is entitled to recover damages may bring the claim themselves.
Time Limits for Filing a Wrongful Death Lawsuit
Pennsylvania has a statute of limitations for wrongful death cases. A lawsuit must generally be filed within two years from the date of death. Failing to file within this time frame can result in losing the right to seek compensation.
Compensation in Wrongful Death Cases
Surviving family members may be eligible to recover damages for both economic and non-economic losses, including:
- Medical expenses related to the final injury or illness
- Funeral and burial costs
- Loss of income and benefits the deceased would have provided
- Pain and suffering
- Loss of companionship, guidance, and emotional support
These damages are intended to help ease the financial burden and recognize the emotional impact that follows a tragic and preventable death.
How Crichton Injury Law Can Help
Navigating a wrongful death claim is not only complex—it’s also emotionally overwhelming for families already facing unimaginable loss. At Crichton Injury Law, we work closely with families throughout Philadelphia and across Pennsylvania to help them pursue justice, hold negligent parties accountable, and obtain the compensation they deserve.
If you’ve lost a loved one due to someone else’s actions, you don’t have to face the legal process alone. We’re here to answer your questions, explain your options, and take the steps necessary to protect your family’s future.
