§ 8301. Death action.

322 words·~1 min read·/pa/title-42/chapter-83/8301

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)General rule.-- An action may be brought, under procedures prescribed by general rules, to recover damages for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another if no recovery for the same damages claimed in the wrongful death action was obtained by the injured individual during his lifetime and any prior actions for the same injuries are consolidated with the wrongful death claim so as to avoid a duplicate recovery.

(b)Beneficiaries.-- Except as provided in subsection (d), the right of action created by this section shall exist only for the benefit of the spouse, children or parents of the deceased, whether or not citizens or residents of this Commonwealth or elsewhere. The damages recovered shall be distributed to the beneficiaries in the proportion they would take the personal estate of the decedent in the case of intestacy and without liability to creditors of the deceased person under the statutes of this Commonwealth.

(c)Special damages.-- In an action brought under subsection (a), the plaintiff shall be entitled to recover, in addition to other damages, damages for reasonable hospital, nursing, medical, funeral expenses and expenses of administration necessitated by reason of injuries causing death.

(d)Action by personal representative.-- If no person is eligible to recover damages under subsection (b), the personal representative of the deceased may bring an action to recover damages for reasonable hospital, nursing, medical, funeral expenses and expenses of administration necessitated by reason of injuries causing death.

42c8301v

(Dec. 20, 1982, P.L.1409, No.326, eff. imd.; July 6, 1995, P.L.309, No.46, eff. 60 days)

1995 Amendment. Act 46 amended subsec. (a). Section 2 of Act 46 provided that Act 46 shall apply to a cause of action that accrues on or after the effective date of Act 46.

1982 Amendment. Act 326 amended subsecs. (a),

(c)and (d), retroactive to June 27, 1978.

42c8302s