2012 Pennsylvania Consolidated Statutes
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 83 - Particular Rights and Immunities
Section 8301 - Death action

 

 

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F.  Corporate Directors' Liability (Repealed)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  Former Chapter 83, which related to bases of jurisdiction, was added November 15, 1972, P.L.1063, No.271, and repealed July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53.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.

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