Losing a loved one is tragic, and when a family member dies as a result of another individual’s negligence, the situation is even more devastating. In addition to the grief involved in these situations, family members may experience other emotions, including anger at the individual or entity responsible for the death.
In Pennsylvania, individuals may be able to pursue compensation for the loss of their loved one through a wrongful death claim or a survival action. Both of these types of lawsuits offer the ability to recover compensation for a loved one’s death, but there are differences between the two types of claims.
Wrongful Death Claims in Pennsylvania
In Pennsylvania, wrongful death claims can be brought by the estate of the deceased if an individual loses their life as a result of the reckless, negligent, or intentional actions of another. Wrongful death claims can arise in a number of ways, including vehicle accidents, medical malpractice, workplace or construction accidents, slip and fall incidents, defective product claims, and more.
Wrongful death claims are specific types of civil actions brought by the personal representative of the deceased’s estate for the benefit of the deceased’s beneficiaries. Wrongful death claims are designed to seek damages to compensate family members for their losses resulting from untimely death. These damages vary, but typically include:
- Medical expenses incurred pre-death
- The value of the deceased’s anticipated financial contributions to the family
- Funeral and burial expenses
- Expenses related to the estate administration
- The monetary value of the deceased’s support to the family, including comfort, society, guidance, and more
In general, damages recovered through a wrongful death claim in Pennsylvania will not be subject to inheritance taxes.
Survival Actions in Pennsylvania
In contrast to wrongful death claims, survival actions in Pennsylvania are not made on behalf of the beneficiaries of the deceased. Instead, survival actions are brought on behalf of the deceased person’s estate to compensate the individual who lost their life. In other words, survival actions represent claims that the deceased would have been able to file as a result of the accident had they survived.
The various types of damages recoverable through a survival action in Pennsylvania include the losses the deceased individual experienced after the accident occurred but before they passed away. This can include:
- Their medical bills
- Loss of gross earning power after the injury occurred through the date of death
- Pain and suffering experienced after the injury but before death
Survival actions are a separate claim made by the estate on behalf of the deceased, and the proceeds of this type of lawsuit will go directly to the estate. Settlements or judgments resulting from a survival action in Pennsylvania may be subject to inheritance taxes when distributed to beneficiaries.
Call an Attorney Today
If you have lost a loved one as a result of the careless or negligent actions of another individual in Philadelphia or anywhere in Pennsylvania, reach out to an attorney immediately. A skilled Philadelphia wrongful death lawyer can walk you through this entire process and help make sure that you understand the differences between a wrongful death claim and a survival action. Let an attorney investigate your claim, gather the evidence needed to prove liability, and help you and your family will cover the compensation you are entitled to.