Wrongful Death and Survival Actions in West Chester, PA

The aftermath of losing a loved one due to someone else’s negligence is devastating in ways that go beyond words. Families face immeasurable grief, loss, and often, unexpected financial burdens. For residents of West Chester, PA, understanding the difference between wrongful death and survival actions—and how these legal remedies can provide justice and compensation—is a crucial first step in moving forward. These legal avenues are designed not only to address the financial impact but also to hold responsible parties accountable for their actions.

If you’ve been affected by an untimely death and want to understand your rights, this blog provides a comprehensive guide on wrongful death and survival actions, outlines the compensation available, and explains why legal representation is crucial for your case. Most importantly, we’ll highlight why Lee Ciccarelli is the best choice for families pursuing justice in Chester County.

Wrongful Death Claims in West Chester Pennsylvania

 When a person dies as the result of the negligence of another, it is known as a wrongful death, and may be eligible for a wrongful death claim. The manner in which the death occurs generally does not affect the value of a wrongful death claim, i.e. the value of a wrongful death claim for a person who died in an auto accident is the same as for a person who died due to medical malpractice. Other factors, however, can affect the value of a wrongful death case.

Circumstances Associated with a Wrongful Death

There are any number of circumstances which can result in a wrongful death. Some of those circumstances include:

• A fatal automobile accident where another person was responsible due to negligence;
• A case of medical malpractice which resulted in death;
• An airplane crash;
• A death caused by criminal behavior;
• Death resulting from occupational exposure to hazardous substances or conditions, or
• A death which occurs during a supervised activity.

Damages Associated with a Wrongful Death Suit

Financial injury is the primary measure of damages in a wrongful death lawsuit. This can include the loss of support, the loss of a future inheritance, the loss of services and medical and funeral expenses as well. In order to fairly determine financial injury, the age, character and condition of the decedent will be considered, as well as his or her future earning capacity, health, intelligence and life expectancy. These factors are combined with the circumstances of those who will benefit from the wrongful death lawsuit. As an example, if an adult wage earner with five small children dies as a result of another’s negligence, there could be the loss of income factor as well as the loss of parental guidance. The earnings of the deceased at the time of his or her death as well as potential future earnings will be calculated.

This means if the deceased was about to graduate from medical school, there would be no current employment earnings to calculate, however calculations as to how much the deceased would have earned throughout his or her lifetime as a heart surgeon (or whatever the specialty) will be calculated. Obviously, when determining future earnings, the person who works at a minimum wage job and the person who is the CEO of a large corporation will have different calculations as far as future earnings. (unless the minimum wage worker was attending night school with plans to increase his or her earnings significantly).

While the jury will determine the size of the damages award after hearing all the evidence, the size of the award can be adjusted up or down by the court. It may be necessary to present expert testimony in order to establish the “value” of the decedent to his or her family. This type of testimony was not admissible when a housewife died until recently. Now the financial impact on the survivors takes into consideration the increased expenditures (cook, housekeeper, nurse, babysitter, etc) which are now required because those services are not being provided. Consider the following issues related to the award in a wrongful death lawsuit:

• The value of a wrongful death case hinges largely on the number of claimants involved; the wrongful death of a single, childless 20-year-old young woman who is unemployed will be different than the wrongful death of a 45 year old married brain surgeon with three young children. In the latter scenario, the surviving spouse as well as each child may have an individual claim. Additionally the physician’s estate has a claim for future lost net earnings which could be in the millions of dollars. On the other hand, it can be extremely difficult to estimate the future earnings of the 20-year-old young woman in the above scenario.
• Jury sympathy for you and your family members is actually not as important as the likeability factor. The jury needs to feel empathy for you and to like you. If they have prejudices against you, it could affect the outcome of your wrongful death case. All things being equal, juries tend to have more sympathy for those they respect and can relate to. If the jury feels the survivors are using their lawsuit just to “get rich,” the resulting award may be disappointing.
• Right or wrong, the jury’s perception of how valuable the decedent’s life was as well as how “good” a person he or she was will color the jury’s view of the wrongful death lawsuit.
• The award will also depend on the amount of insurance coverage available to resolve the wrongful death claim. Juries generally see little sense in pursuing a defendant beyond their level of insurance coverage. As an example, a jury is unlikely to award a million dollars to the plaintiffs in a wrongful death lawsuit (even if the plaintiffs were deserving) if the defendant only has $50,000 in insurance to cover the lawsuit.
• The jury will take into account whether the defendant in the case is likeable and believable, and what the defendant was doing at the time of the accident which caused the death when determining an amount for a wrongful death case.
• Whether your wrongful death case takes place in a low-population rural county or a heavily populated urban area can make a difference in the final wrongful death award.
• Finally, (and perhaps most importantly), the value of your wrongful death case will hinge significantly on the skill and reputation of your Chester County attorney. Skill leads to success, success build reputation, and reputation leads to larger and quicker settlements.

If you have lost a loved one due to the negligence of another, speaking to a knowledgeable Pennsylvania wrongful death attorney can make a huge difference in your future.

Understanding Wrongful Death and Survival Actions

Although both wrongful death and survival actions are legal remedies designed to provide justice to families, they serve different purposes. Understanding these distinctions is a critical step in knowing which legal avenue applies to your situation.

What Is a Wrongful Death Action?

A wrongful death claim arises when a person dies due to the negligence, recklessness, or intentional actions of another party. The purpose of this claim is to provide compensation to the deceased’s surviving family members for specific losses caused by the victim’s passing.

Under Pennsylvania law, wrongful death claims can only be filed by the personal representative of the deceased’s estate. However, compensation is exclusively intended for the victim’s immediate family members, such as spouses, children, or parents. Wrongful death claims focus on the financial and emotional impact of the loss on the family, including:

• Lost income and financial support
• Funeral and burial expenses
• Loss of companionship and guidance
• Emotional pain and suffering

What Is a Survival Action?

While a wrongful death claim compensates family members for their loss, a survival action is focused on the damages the deceased person could have pursued had they survived the injury. It’s called a “survival action” because the claim essentially survives the victim’s death.

This includes compensation for damages experienced by the deceased before their passing, such as medical expenses, lost wages, and pain and suffering. Survival actions are filed on behalf of the deceased’s estate, meaning the compensation typically becomes part of the estate and is distributed according to the deceased’s will or state intestacy laws.

Key Differences Between the Two Actions

To summarize, here are the core distinctions between wrongful death and survival actions:

• Wrongful death benefits are directed toward the family of the deceased.
• Survival action benefits are part of the deceased person’s estate, addressing damages they suffered prior to death.
• Wrongful death focuses on the impact on surviving family members, while survival action compensates for the victim’s own experiences and losses before passing.

Both claims are essential components of holding negligent parties accountable and ensuring that families and estates receive fair compensation for damages.

The Legal Process for Wrongful Death and Survival Actions

Navigating the legal process for a wrongful death or survival action can be overwhelming during such an emotional time. However, knowing the steps involved and how an experienced attorney can assist makes the process clearer and less intimidating.

Step 1: Establishing Liability

The first step in either a wrongful death or survival case is proving that another party’s negligence or reckless actions directly caused the untimely death. This process involves gathering evidence such as:

• Eyewitness testimonies
• Police or accident reports
• Medical records
• Expert analyses, such as accident reconstruction

The burden of proof rests on establishing four key elements:

1. Duty of care owed by the responsible party
2. Breach of that duty
3. Causation linking the breach to the death
4. Resulting damages suffered by the family or estate

Step 2: Identifying Compensation

The type and amount of compensation available vary depending on whether you’re filing a wrongful death claim or survival action (or both). Courts carefully evaluate all potential damages before awarding compensation.

Step 3: Filing the Claim

Both wrongful death and survival claims are subject to Pennsylvania’s statute of limitations. Survivors generally have two years from the date of the deceased’s death to file a claim. Missing this deadline can bar you from pursuing compensation, underscoring the importance of taking timely legal action.

Step 4: Negotiation or Litigation

Your attorney will attempt to negotiate a fair settlement with the at-fault party’s insurance company. If settlement negotiations fail, the case is taken to court, where an experienced trial lawyer will present the evidence and fight for justice on behalf of your family.

Compensation Available in Wrongful Death and Survival Actions

Calculating damages in these legal claims requires consideration of various financial and non-financial losses. Below is a breakdown of the compensation typically available through wrongful death and survival actions.

Wrongful Death Compensation

• Lost Financial Support: Compensation for the income the deceased would have contributed to the family’s household.
• Loss of Services: Financial value of tasks like childcare, cooking, and maintenance that the deceased performed.
• Loss of Companionship: Emotional suffering due to the loss of a loved one’s presence and guidance.
• Funeral and Burial Costs: Reimbursement for expenses related to the deceased’s funeral or memorial services.

Survival Action Compensation

• Medical Expenses: Costs incurred for treatments before the individual’s death, including surgeries, hospitalization, or medications.
• Lost Earnings: The income lost by the deceased from the time of injury until passing.
• Pain and Suffering: Compensation for emotional or physical pain suffered by the deceased prior to their death.

Every claim is unique, and the types of damages available can vary based on specific circumstances.

The Emotional and Financial Impact on Families

The death of a loved one affects families on both emotional and financial levels. Beyond the grief and trauma, families are often left grappling with mounting expenses, including burial costs and the sudden loss of household income.

Financial Strain

Families who relied on the deceased for financial stability may struggle to pay for everyday expenses, medical bills, or mortgage payments. This economic hardship can complicate the grieving process and increase stress.

Lasting Emotional Impact

Losing a loved one due to negligence can compound the emotional toll on families, especially when they are seeking justice. Feelings of anger, frustration, and helplessness are common—making compassionate legal representation vital during this challenging period.

Why Legal Representation Matters

Pursuing justice in wrongful death or survival actions is complex, requiring expertise in Pennsylvania law and a deep understanding of personal injury cases. Attempting to handle such claims without proper legal assistance increases the risk of insufficient compensation or rejected claims.

An experienced attorney ensures that:

• All avenues of compensation are explored.
• The case is filed within the statute of limitations.
• The responsible parties are held accountable through diligent investigation.

Why Lee Ciccarelli Is the Best Choice for Your Case

When navigating the challenges of wrongful death and survival actions in West Chester, PA, families need a compassionate and skilled attorney who understands their pain and knows what it takes to win.

Extensive Legal Experience

Lee Ciccarelli and the team at Ciccarelli Law Offices bring decades of experience in handling wrongful death cases. From negotiating settlements to winning at trial, Ciccarelli has built a reputation for delivering results that truly make a difference.

Proven Results

With millions of dollars recovered for clients, Ciccarelli has a track record of securing the compensation families need to rebuild their lives. His thorough and aggressive approach leaves no room for insurers or negligent parties to minimize accountability.

Client-Centered Approach

Compassion and care are at the heart of every case handled at Ciccarelli Law Offices. Lee Ciccarelli takes the time to understand the unique circumstances of each family, offering clear communication and tireless support at every stage of the legal process.

Local Presence and Expertise

Based at 304 North High Street, West Chester, PA, the firm is deeply connected to the Chester County community. This local knowledge ensures clients benefit from strategies tailored to Pennsylvania laws and courts.

Recognition for Excellence

Lee Ciccarelli is a nationally recognized leader in personal injury law, earning accolades like inclusion in Super Lawyers. His commitment to legal excellence ensures families receive the representation they deserve.

Contact Ciccarelli Law Offices Today

If you’ve lost a loved one due to someone else’s negligence, don’t face the legal battle alone. Ciccarelli Law Offices is here to guide you, fight for justice, and secure the compensation your family needs to heal and move forward.

Call (610) 692-8700 or toll-free at (877) 529-2422 to schedule your free consultation. Visit our office at 304 North High Street, West Chester, PA, 19380 and take the first step toward holding those responsible accountable today.

Your family deserves justice—and Ciccarelli Law Offices is ready to deliver it.