Wrongful Death vs. Survival Action in Pennsylvania: What Each Claim Covers for Your Family
Losing a loved one because of another person’s negligence is a devastating event for any family. Whether a death results from a car accident, workplace incident, dangerous property, medical negligence, or other wrongful act, surviving family members may have the right to pursue damages for their loss.
Pennsylvania law recognizes two types of claims that a family member can bring after a loved one’s death: wrongful death actions and survival actions. Although these two claims are often considered together, they are legally distinct because they compensate for different losses and are brought by different parties. Understanding the unique aspects of each claim can help you decide what path makes the most sense for your family.
Wrongful Death Claims in Pennsylvania
Pennsylvania’s Wrongful Death Act permits wrongful death actions in the state and allows for the recovery of damages when a loved one’s death is caused by unlawful violence, negligence, or the wrongful acts of another. Wrongful death claims are designed to compensate the deceased’s family members for the losses that they have suffered as a result of the death. As such, they are typically brought by a deceased’s immediate family, such as a spouse, children, or parents.
Because the damages at issue in a wrongful death action are the damages to the family, family members may be compensated for more than just medical bills. Wrongful death damages include the value of the decedent’s life to the family and the impact of that loss. For example, damages can entail:
- Loss of financial support from the deceased
- Loss of services provided by the deceased
- Loss of contributions to the household
- Funeral and burial expenses
- Medical expenses associated with the final illness or injury
- Any other financial losses related to the death.
Calculating such damages can be challenging, as it requires quantifying the impact that a deceased family member had on their household. Individuals filing a wrongful death action may need to collect documentation of the deceased person’s income, anticipated future earnings, household responsibilities, and labor contributed to the household.
What is a Survival Action?
Survival actions are governed by a separate Pennsylvania law, the Survival Act. A survival act claim is brought on behalf of a deceased individual’s estate, rather than by individual family members. It allows the estate to recover for expenses that were incurred by the deceased individual’s accident and related injuries.
Survival actions seek compensation for the days, weeks, and months after a deceased person is injured, but before they pass away. This can include the pain and suffering that they experienced during that time period, as well as the hospital costs, surgery expenses, rehabilitation, and other medical expenses that were incurred. Survival action damages can include:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life and hobbies
- Medical expenses
- Lost earnings during the time of the injury
- Other financial impacts from the injury
Because survival actions must be brought by the decedent’s estate, they can also raise complicated issues around the decedent’s death and will. Before a survival action can be filed, family members must determine the decedent’s will and how his or her estate will be administered, identify a personal representative, and hire an attorney who can bring the survival claims on behalf of the estate. These actions take time and agreement amongst family members who may be deeply grieving the loss of a loved one.
Understanding how Wrongful Death and Survival Actions Work Together
To understand how an individual’s death might result in both wrongful death and survival actions, consider an example where a motorcyclist is hit by a drunk driver in a drunk driving accident. The motorcyclist is placed in a coma for several weeks in hopes that he will regain consciousness and begin the recovery process. Only after a long period of time does the family decide that nothing more can be done and agree to take the motorcyclist off life support.
After the motorcyclist’s death, the family members may have wrongful death claims against the drunk driver for all of the losses caused by the motorcyclist’s death, including the loss of his earnings, loss of companionship, and the loss of his contributions to the household. At the same time, the motorcyclist’s estate would also have a survival action that it could bring to recover for all of the expenses that the motorcyclist incurred, and any pain and suffering, for the extended period of time where he was in the hospital and in a coma. As anyone who has endured a long hospital stay knows, this can amount to a significant amount of money for the estate to recover and distribute to the motorcyclist’s beneficiaries. Together, both the wrongful death action and the survival action work to fully compensate the motorcyclist’s family for his death and the losses they incurred.
Contact a Montgomery County Wrongful Death Lawyer Today
The terms “wrongful death” and “survival action” are often used interchangeably in everyday conversations around death, and this can cause confusion among family members who are grappling with the loss of a loved one. It can be difficult to understand how these are two different legal claims, what they mean for you and your family, and how to determine which legal avenues to pursue.
After an unexpected death, your family should not have to navigate these complicated legal questions alone. Anthony C. Gagliano, III, Esquire, P.C., is a compassionate and knowledgeable wrongful death lawyer who has worked with countless families to file both wrongful death actions and survival actions. He can help you evaluate the particular circumstances surrounding your loved one’s death, identify what claims might be appropriate for what damages, help you gather the evidence you need, and pursue all claims for your family’s recovery. For more information or to schedule a consultation, contact us today.