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COMMONWEALTH OF PENNSYLVANIA

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231 Pa. Code Rule 2202. Parties entitled to bring action for wrongful death.

Rule 2202. Parties entitled to bring action for wrongful death.

 (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 decedent for the benefit of those persons entitled by law to recover damages for such wrongful death.

 (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 representative 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.

   Official Note

   Adopted February 14, 1939, effective September 4, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.


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