Wrongful Death vs. Survival Actions in Philadelphia: Understanding the Differences
When a loved one passes away due to someone else’s negligence or misconduct, Pennsylvania law provides two legal avenues for seeking justice: wrongful death claims and survival actions. While both allow surviving family members to pursue compensation, they serve different purposes and cover different types of damages. Consulting a Philadelphia wrongful death attorney can help you understand the key differences between wrongful death and survival actions in Philadelphia, helping you understand when and how to use each legal claim.
Wrongful Death Claims: Focus on Family Compensation
A wrongful death claim is a legal action filed on behalf of the deceased person’s surviving family members. Its purpose is to compensate the decedent’s loved ones for the financial and emotional losses they have suffered as a result of the untimely death. Wrongful death claims typically seek damages related to the impact of the death on the family, rather than the harm done directly to the deceased person.
Who Can File a Wrongful Death Claim?
In Philadelphia, wrongful death claims must be filed by the personal representative of the deceased person’s estate. However, the beneficiaries of the claim are the surviving family members, specifically the deceased person’s spouse, children, or parents. If the personal representative does not file the claim within six months of the death, any of the beneficiaries may file the lawsuit on behalf of themselves and other family members.
Damages in a Wrongful Death Claim
Damages in wrongful death claims are designed to compensate the surviving family for their losses. These losses can include:
- Funeral and burial expenses: The costs associated with the decedent’s funeral, memorial services, and burial or cremation can be recovered.
- Medical expenses: Any medical bills incurred between the time of the injury and the death can be included in the claim.
- Loss of financial support: If the deceased person was the family’s primary breadwinner or contributed significantly to household income, the family can seek compensation for the loss of financial support.
- Loss of companionship: Surviving family members may also be compensated for the emotional and psychological toll of losing the companionship, guidance, and support of their loved one.
The primary purpose of a wrongful death claim is to make the family whole, as much as possible, by addressing the financial and emotional losses that result from the death.
Survival Actions: Compensation for the Decedent’s Pain and Suffering
A survival action, in contrast, is brought on behalf of the deceased person’s estate to recover damages that the person could have claimed had they survived. Essentially, a survival action is focused on compensating for the injuries and suffering the decedent endured before their death, rather than the losses suffered by their family members.
Who Can File a Survival Action?
Similar to a wrongful death claim, a survival action is filed by the personal representative of the deceased person’s estate. The key difference is that survival actions seek compensation that benefits the estate rather than the family directly. The proceeds from a successful survival action are distributed according to the terms of the deceased person’s will or, if no will exists, according to Pennsylvania’s intestate succession laws.
Damages in a Survival Action
The damages in a survival action focus on the suffering and losses experienced by the deceased person before their death. Common damages in survival actions include:
- Pain and suffering: If the decedent experienced pain, suffering, or mental anguish between the time of the injury and their death, compensation can be awarded.
- Medical expenses: Any medical bills incurred as a result of the injury before the death can be claimed in a survival action.
- Lost wages: If the decedent would have been able to work and earn income had they survived, the estate can seek compensation for the loss of those future earnings.
Unlike wrongful death claims, survival actions do not provide direct financial compensation to family members for their grief or loss of companionship. Instead, the compensation benefits the estate, which may eventually be distributed to family members or other heirs.
Key Differences Between Wrongful Death and Survival Actions
Understanding the differences between wrongful death and survival actions is essential for determining which claim(s) to file following a loved one’s death. Here are the key distinctions:
- Beneficiaries: Wrongful death claims directly benefit the surviving family members, while survival actions benefit the deceased person’s estate.
- Types of Damages: Wrongful death claims compensate the family for their losses, including funeral expenses, loss of financial support, and loss of companionship. Survival actions, on the other hand, compensate for the decedent’s pain and suffering, lost wages, and medical expenses incurred before their death.
- Legal Focus: Wrongful death claims focus on the impact of the death on the surviving family members, while survival actions focus on the suffering and financial losses the decedent experienced before their death.
- Distribution of Proceeds: The proceeds from a wrongful death claim go directly to the surviving spouse, children, or parents. In a survival action, the proceeds go to the decedent’s estate and are distributed according to the decedent’s will or state inheritance laws.
Combining Wrongful Death and Survival Actions
In many cases, the personal representative of the deceased person’s estate may file both a wrongful death claim and a survival action. This allows the family to seek compensation for both the losses they have suffered as a result of the death and the pain and suffering experienced by the deceased person before their passing.
Filing both claims ensures that all possible damages are covered, including the financial impact on the family and the harm done to the decedent. While the claims are distinct, they often arise from the same set of circumstances and can be pursued simultaneously.
Contact The Villari Law Firm
Wrongful death and survival actions are important legal tools for families seeking justice after the loss of a loved one due to negligence or misconduct. In Philadelphia, understanding the differences between these two types of claims is crucial to ensuring that both the family’s losses and the decedent’s suffering are fully compensated.
If you’ve lost a loved one in a tragic accident, The Villari Law Firm is here to help. Our experienced attorneys can guide you through the legal process and ensure that you receive the compensation you deserve. Contact us today for a free consultation to discuss your case and explore your legal options.
Sources:
pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter2200/chap2200toc.html
legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.083..HTM
