When a family loses someone because of another person’s negligence, questions about money can feel uncomfortable, even unfair, to ask. But understanding what a settlement can cover is part of protecting the people your loved one left behind. This guide walks through it in plain language, and if it leaves you with questions, we’re here to answer them. Your consultation with Philly Injury Lawyer is free, and you pay nothing unless we win.
Wrongful Death vs. Survival Action: Pennsylvania Chart
The two claims are usually brought together in one lawsuit, but they compensate different losses and the money is paid out in different ways.
| Wrongful death action | Survival action | |
|---|---|---|
| Law | Wrongful Death Act | Survival Act |
| Whose losses | The family’s losses caused by the death | The losses the person who died suffered, as if they had lived to bring the case |
| Who files | The personal representative of the estate; if none files within 6 months, a family member who is entitled to recover may file | The personal representative of the estate |
| What it can cover | Medical, funeral and estate administration expenses; lost financial support the family would have received; lost services, guidance, companionship and care | Conscious pain and suffering before death; lost earnings from injury to death; lost future earning capacity, minus the person’s own personal maintenance costs |
| Who receives the money | Spouse, children and parents, in the shares set by Pennsylvania’s intestacy rules | The estate, distributed under the will or intestacy rules after estate debts |
| Pennsylvania inheritance tax | Not subject to inheritance tax | Generally subject to inheritance tax as part of the estate |
| Deadline | 2 years from the date of death | 2 years from the date of death in most cases |
What Affects the Value of a Wrongful Death Settlement?
There is no standard or average wrongful death settlement in Pennsylvania. Value depends on the facts of each case, especially these:
| Factor | Tends to increase value | Tends to reduce value |
|---|---|---|
| Age and earnings | A younger person with many working years and steady income | Limited or no earnings history |
| Dependents | A spouse or minor children who relied on the person’s income and care | No spouse, children or parents entitled to recover |
| Pain before death | Evidence of conscious pain and suffering before death | Death was instant, so survival damages are limited |
| Proof of fault | Clear evidence such as video, police findings or safety violations | Disputed facts or no witnesses |
| Shared fault | The person who died was not at fault | The person who died was partly at fault; recovery is reduced, and barred above 50% |
| Insurance and assets | Commercial or high-limit policies, or several responsible parties | Only minimum insurance and no other assets |
| Government defendant | A private company or individual is responsible | Claims against Commonwealth agencies are capped at $250,000 per person, and against local agencies at $500,000 in total |
Hypothetical Example: How a Settlement Is Divided
This is a made-up example to show how the math works. It is not a prediction, an average or a past result. Assume a $900,000 settlement, a one-third contingency fee and $25,000 in case costs:
| Step | Amount |
|---|---|
| Gross settlement (hypothetical) | $900,000 |
| Attorney fee at 33⅓% (illustration only; fees vary by case and agreement) | − $300,000 |
| Case costs such as experts, records and filing fees | − $25,000 |
| Net settlement | $575,000 |
| Wrongful death share (example 80%, set by agreement and court approval) | $460,000 to the spouse, children and parents |
| Survival share (example 20%) | $115,000 to the estate, subject to estate debts and inheritance tax |
In real cases, the split between the wrongful death and survival claims is negotiated by the family and must be approved by the court, which also notifies the Pennsylvania Department of Revenue. Medical liens, the funeral bill and estate costs can change the final numbers. Learn more about how injury lawyer fees work.
Pennsylvania Wrongful Death Settlement FAQ
The personal representative of the estate files a Pennsylvania wrongful death lawsuit on behalf of the spouse, children and parents of the person who died. If no personal representative files within six months of the death, a family member entitled to recover may file for all of them.
A Pennsylvania wrongful death settlement is divided between the wrongful death claim, which goes to the spouse, children and parents, and the survival claim, which goes to the estate. The split is negotiated and must be approved by the court, and each family member’s share follows Pennsylvania’s intestacy rules.
Wrongful death proceeds are not subject to Pennsylvania inheritance tax, but the survival portion generally is, because it passes through the estate. Compensation for physical injury or death is usually not federal income tax, though interest and some punitive damages can be. Ask a tax professional about your situation.
In most cases you have two years from the date of death to file a wrongful death and survival lawsuit in Pennsylvania. If a government agency is involved, written notice is usually due within six months, so speak with a lawyer as soon as possible.
Talk to a Philadelphia Wrongful Death Lawyer
Every family’s loss is different, and so is every case. Our Philadelphia wrongful death lawyers can explain how these rules apply to you, what your claim may include and how the settlement would be divided. Read more in our wrongful death FAQs and claims process guide, or check your filing deadline with our deadline calculator.
Call (215) 735-4800 for a free, confidential consultation. We Win or It’s Free®.
Pennsylvania Law in Plain English
Pennsylvania splits these cases into two claims: a wrongful death action for the family’s own losses, and a survival action for the losses the person who died suffered. Any settlement must be divided between the two and approved by the court.
You generally have two years from the date of death to file. If a government agency is involved, you generally must give written notice within six months.
