Wrongful Death Damage Recovery

The Wrongful Death Act provides that the right of action shall exist only for the spouse, children or parents of the deceased, whether or not citizens or residents of this Commonwealth or elsewhere. In order to recover under the Wrongful Death Act the beneficiary must not only have the requisite family relationship to the deceased, but must show that by reason of the wrongful death he suffered the loss of a reasonable expectation of pecuniary advantage.

The Rules of Civil Procedure provide that in an action for wrongful death, the plaintiff must allege in his complaint:

1. plaintiff's relationship to the decedent,

2. his right to bring the action,

3. the names and last known addresses of all persons entitled by law to recover damages, and

4. their relationship to the decedent and that the action was brought in their behalf.