Lost a Loved One Due to Someone Else's Negligence in Pittsburgh?

We're sorry you're here. Losing someone because of another person's negligence, recklessness, or wrongful act is devastating. No legal process can undo that loss. But Pennsylvania law gives your family the right to seek accountability and financial security.

Before thinking about legal claims, take the time you need to grieve. Surround yourself with people who support you. There are urgent legal timelines you'll need to be aware of, but the most immediate priority is your family's wellbeing.

That said, if the death occurred in circumstances that may involve legal liability — a car accident, a truck crash on I-376 or Route 28, a workplace incident at a steel mill or construction site, a medical error, a defective product, or a criminal act — it's important to begin protecting evidence and understanding your options soon.

Keep everything connected to the circumstances of the death: the police or accident report, all medical records and hospital bills, correspondence from insurance companies, documentation of funeral and burial expenses, your loved one's employment records, pay stubs, and tax returns, and photos or other documentation of the incident scene.

If the death resulted from a vehicle accident, make sure the police report has been filed. You can obtain a copy from the Pittsburgh Bureau of Police Records Unit at 1 Smithfield Street or through PennDOT's BuyACrashReport.com ($20 per report). If it resulted from medical care, request complete medical records from every provider involved — UPMC, Allegheny Health Network, and any other facilities.

Evidence can be lost, overwritten, or destroyed quickly — especially electronic records, surveillance footage, and vehicle event data recorders (black boxes). An attorney can send preservation letters to all relevant parties to prevent spoliation of evidence.

Under 42 Pa. Cons. Stat. § 8301, a wrongful death claim must be filed by the personal representative (executor or administrator) of the deceased person's estate. If there's already an executor named in a will, that person files. If there's no will, the probate court appoints an administrator.

In Allegheny County, the Register of Wills and Orphans' Court Division handle estate administration and appointment of personal representatives. The courthouse is located at 414 Grant Street, Pittsburgh, PA 15219.

The claim is filed on behalf of the deceased person's statutory beneficiaries — the surviving spouse, children, and parents. If the personal representative does not file within six months of the death, the beneficiaries themselves may bring the action directly.

Under 42 Pa. Cons. Stat. § 5524, the statute of limitations for wrongful death is two years from the date of death — not two years from the date of the incident that caused the death. If your loved one was injured in an accident and died weeks or months later from those injuries, the clock starts on the date of death.

This is a hard deadline. Miss it and the family permanently loses the right to file a wrongful death claim in Pennsylvania courts. Given the complexity of these cases — opening an estate, appointing a personal representative, gathering evidence, and retaining experts — starting the process early is essential.

If the death was caused by a government entity or employee (for example, a PennDOT road defect or a Port Authority bus), you may need to provide written notice of the claim within six months. Government claims follow different procedures and shorter notice deadlines.

Pennsylvania recognizes two separate but related claims when someone dies due to another's negligence.

Wrongful death claim (42 Pa. Cons. Stat. § 8301): Filed on behalf of the surviving beneficiaries — spouse, children, and parents. Compensates for the losses suffered by the family: loss of financial support and expected future income, loss of companionship and consortium, loss of parental guidance (for surviving children), mental anguish of survivors, and funeral and burial expenses.

Survival action (42 Pa. Cons. Stat. § 8302): Filed on behalf of the deceased person's estate. Compensates for the damages the deceased person suffered between the time of injury and death — their medical expenses, pain and suffering, lost wages during that period, and other personal losses. Survival action damages go to the estate and are distributed according to the will or intestate statute.

Both claims can — and often should — be pursued simultaneously. They address different types of damages and together provide the fullest possible recovery for the family.

Wrongful death damages in Pennsylvania may include: loss of the deceased person's expected future income and financial support, loss of benefits (health insurance, retirement contributions), funeral and burial expenses, loss of the deceased person's services, companionship, care, guidance, and consortium, and mental anguish and emotional suffering of the surviving beneficiaries.

Survival action damages may include: the deceased person's medical expenses from the injury to death, pain and suffering experienced by the deceased before death, lost wages during the period between injury and death, and any other damages the deceased could have recovered had they survived.

Pennsylvania does not cap compensatory damages in wrongful death cases. Punitive damages — available in cases involving extreme recklessness or intentional misconduct such as drunk driving fatalities — are capped at two times actual damages.

Wrongful death can result from many types of negligence, and multiple parties may be responsible: the driver who caused a fatal car or truck accident, a trucking company that pressured unsafe driving on the I-376 corridor, a healthcare provider who committed a fatal medical error at UPMC or Allegheny General, a property owner whose negligence caused a fatal fall, an employer whose unsafe workplace caused a fatal industrial injury, a manufacturer whose defective product caused a death, or a bar or restaurant that served a visibly intoxicated person who then caused a fatal accident (Pennsylvania's Dram Shop Act, 47 P.S. § 4-497).

Under Pennsylvania's Fair Share Act (Act 17 of 2011), defendants are generally liable only for their percentage share of fault. However, defendants who are 60% or more at fault can be held jointly liable for all economic damages. Identifying every responsible party is critical to maximizing recovery.

Pittsburgh's industrial heritage means workplace fatality claims are common — steel mills, manufacturing plants, construction sites, and energy facilities throughout the Mon Valley and surrounding areas. These cases may involve both wrongful death claims and workers' compensation death benefits, which follow separate rules.

Wrongful death cases are among the most complex and emotionally challenging areas of law. They require navigating Allegheny County's Orphans' Court to establish a personal representative, investigating the circumstances of death thoroughly, identifying all liable parties, working with medical, economic, and vocational experts, calculating the full financial and personal impact on the family, and managing litigation against defendants who will fight aggressively.

An experienced Pittsburgh wrongful death attorney handles all of this while you focus on your family. Most work on contingency — you pay nothing unless they recover compensation. The initial consultation is free and confidential.