Court Opinions

State Laws

US Code

US Constitution

Death action - 42 Pa. Cons. Stat. § 8301

Legal Research Home > Pennsylvania Statutes

                                CHAPTER 83
                     PARTICULAR RIGHTS AND IMMUNITIES

     Subchapter
        A.  Rights of Action
        B.  Contribution Among Tort-feasors
        C.  Immunities Generally
        D.  Defamation
        E.  Wrongful Use of Civil Proceedings
        F.  Corporate Directors' Liability (Repealed)
        G.  Special Damages
        H.  Drug Nuisances

        Enactment.  Present Chapter 83 was added July 9, 1976,
     P.L.586, No.142, effective 60 days from the date of final
     enactment of the act of April 28, 1978 (P.L.202, No.53).
        Prior Provisions.  Former Chapter 83, which related to bases
     of jurisdiction, was added November 15, 1972, P.L.1063, No.271,
     and repealed July 9, 1976, P.L.586, No.142, effective 60 days
     from the date of final enactment of the act of April 28, 1978
     (P.L.202, No.53). The subject matter is now contained in Chapter
     53 of this title.

                               SUBCHAPTER A
                             RIGHTS OF ACTION

     Sec.
     8301.  Death action.
     8302.  Survival action.
     8303.  Action for performance of a duty required by law.
     8304.  Damages in actions on bad checks.
     8305.  Actions for wrongful birth and wrongful life.
     8306.  Defense against claim for injury sustained in utero
            barred.
     8307.  Action by parent, guardian or other custodian for
            damages in the sale or transfer of controlled
            substances to a child.
     8308.  Damages in actions on retail theft.
     8309.  Civil rights violations.
     8310.  Damages in actions on thefts of leased property.
     8311.  Damages in actions for conversion of timber.
     8312.  Profits received as a result of commission of crime.
     8313.  Agricultural crop destruction.
     8314.  Assault with biological agent on animal, fowl or
            honey bees.
     8315.  Damages in actions for identity theft.
     8316.  Unauthorized use of name or likeness.
     8317.  Actions involving products or services used to invade
            privacy.
     8318.  Terrorism action.
     8319.  Ecoterrorism.
     8320.  Commemorative service demonstration action.
     § 8301.  Death action.
        (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.

Last modified: November 27, 2007