# 42 Pa.C.S. § 8301: Death action

> Pennsylvania · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8301

## Section

- **Citation:** 42 Pa.C.S. § 8301
- **Heading:** Death action
- **Jurisdiction:** Pennsylvania
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** PA Code / Title 42 / Chapter 83 / Section 8301

## Text

(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. (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.

## Nearby sections

- [42 Pa.C.S. § 8301 Death action.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8301.md)
- [42 Pa.C.S. § 8302 Survival action.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8302.md)
- [42 Pa.C.S. § 8303 Action for performance of a duty required by law.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8303.md)
- [42 Pa.C.S. § 8304 Damages in actions on bad checks.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8304.md)
- [42 Pa.C.S. § 8305 Actions for wrongful birth and wrongful life.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8305.md)
- [42 Pa.C.S. § 8306 Defense against claim for injury sustained in utero barred.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8306.md)
- [42 Pa.C.S. § 8307 Action by parent, guardian or other custodian for damages in the sale or transfer of controlled substances to a child.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8307.md)
- [42 Pa.C.S. § 8308 Damages in actions on retail theft.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8308.md)
- [42 Pa.C.S. § 8309 Civil rights violations.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8309.md)
- [42 Pa.C.S. § 8310 Damages in actions on thefts of leased property.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8310.md)
- [42 Pa.C.S. § 8311 Damages in actions for conversion of timber.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8311.md)
- [42 Pa.C.S. § 8312 Profits received as a result of commission of crime.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8312.md)
- [42 Pa.C.S. § 8313 Agricultural crop destruction.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8313.md)
- [42 Pa.C.S. § 8314 Assault with biological agent on animal, fowl or honey bees.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8314.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8301. Check the current official text before relying on it. Not legal advice.