Disclaimer: This article is for educational purposes and not legal advice.
Detailed Answer
Under Pennsylvania law, you can pursue a wrongful death claim after a car accident without opening a full estate. The Pennsylvania Wrongful Death Act (42 Pa.C.S. § 8301) allows certain survivors to seek damages for loss of companionship, support, and related costs. A wrongful death action belongs to the survivors, not the decedent’s estate.
You do not need to open an estate to file a wrongful death lawsuit. You may act as a plaintiff without a personal representative. However, if you serve as a personal representative solely to bring or defend a wrongful death action, you must file a petition in the Orphans’ Court division under the Probate, Estates, and Fiduciaries Code (20 Pa.C.S. § 3101 et seq.).
Pennsylvania also recognizes a survival action for the decedent’s pre-death pain, medical bills, and property damage. That claim belongs to the estate under 42 Pa.C.S. § 8302. To pursue survival damages, you must open and administer the estate through the Orphans’ Court.
Note the statute of limitations: you generally have two years from the date of death to file a wrongful death claim (42 Pa.C.S. § 5524(2)).
Helpful Hints
- Distinguish between wrongful death and survival actions.
- Identify eligible survivors: spouse, children, parents, or siblings.
- Confirm if you need to serve as a personal representative for your claim.
- File a petition in Orphans’ Court only for survival claims or estate matters.
- Track the two-year limitation period carefully.
- Consult a Pennsylvania personal injury attorney to guide you.