In Pennsylvania, you have two distinct pathways that acknowledge your family’s grief and your loved one’s final experiences. These are wrongful death and survival actions, each with unique terms and regulations that require your attention.
Defining wrongful death and survival action
In Pennsylvania, the deceased’s personal representative can file the wrongful death claim and the survival action on behalf of the estate and beneficiaries. Family members are the beneficiaries but do not file the causes of action themselves, unless they are the executor.
Understanding the allocations
A wrongful death claim is for the specific losses the family suffers because their loved one is gone. These can include loss of financial support, loss of companionship and funeral expenses. The compensation goes directly to the statutory beneficiaries, bypassing the estate.
A survival action is the lawsuit the deceased person would have filed if they had lived. It can recover pain and suffering, medical bills, and the net loss of earnings before death. All proceeds go to the estate, which means that the money is subject to the deceased’s will. However, this compensation becomes taxable and reachable by the deceased’s creditors.
Maximizing the protection
While the wrongful death claim and survival act are separate legal concepts, you can file them together. One covers your family’s future, while the other compensates for your loved one’s experience.
Because these funds have different distribution methods, the process can become technically complex. Seeking legal counsel can provide guidance and help you protect the rights of your family and the legacy of the deceased.
