(a) Except as otherwise provided in clause (b) of this rule, an action for wrongful death shall be brought only by the personal representative of the dece- dent for the benefit of those persons entitled by law to recover damages for such wrongful death.
Rule 2202.Parties entitled to bring action for wrongful death.
Adopted February 14, 1939 · Last amended April 18, 1975 · Last verified June 30, 2026
In one sentenceRule 2202 provides that a wrongful-death action is generally brought by the deceased's personal representative, with exceptions letting an entitled beneficiary sue.
Full Text of Rule 2202
(b) If no action for wrongful death has been brought within six months after the death of the decedent, the action may be brought by the personal representa- tive or by any person entitled by law to recover damages in such action as trustee ad litem on behalf of all persons entitled to share in the damages.
(c) While an action is pending it shall operate as a bar against the bringing of any other action for such wrongful death.
Plain-English Summary
A wrongful-death claim belongs to the family but is pursued through a representative. This rule provides that the action is brought only by the personal representative of the deceased for the benefit of those entitled to damages, with exceptions — if no action is brought within a set time, a person entitled to recover may bring it. The structure channels the claim while protecting the beneficiaries' right to sue.
Frequently Asked Questions
Who can bring a wrongful-death action?
Generally the deceased's personal representative, for the benefit of those entitled to damages; an entitled beneficiary may sue if no action is timely brought.
Official Note
Official Note: Adopted February 14, 1939, effective September 4, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. ·
Official text
Also known as: who brings wrongful deathpersonal representative wrongful deathwrongful death plaintiff