Pennsylvania Wrongful Death and Survivor Actions
Pennsylvania Survival Actions and Wrongful Death claims are distinct means of compensating the loved ones of an individual whose death was caused by a third party’s negligence. Both claims are usually asserted in a lawsuit.
Wrongful Death claims compensate a decedent’s loved ones from injuries they have suffered due to the death of the decedent. Damages which can be recovered include the cost of interment, medical expenses, and expenses incurred in probating the decedent’s estate. Along with these costs, the survivors may recover the amounts the decedent would have contributed to the household. Broadly, this includes food, clothing, education, and other every-day costs.
Survival claims differ from Wrongful Death claims in so far as a Survival claim is a statutory right of the representative of the decedent’s estate to stand in for the decedent. Simply put, the rights to recovery in a Survival claim depends on the cause of action the decedent had at the time of death. Typical damages here include the loss of wages and pain and suffering.
If you need assistance in asserting a wrongful death and/or survival action, please call us for a free consultation at 610 372 5588.