Pennsylvania Wrongful Death/Survival Lawsuit

Pennsylvania Wrongful Death Lawsuit

WRONGFUL DEATH/SURVIVAL ACTION

In Pennsylvania when a person dies due to the negligence of another person the action that is filed is called a wrongful death and survival action. The basic concept of a wrongful death and survival action is that compensation is being sought for the death of a person. The law behind wrongful death and survival action is often confusing to lawyers and clients regarding what damages are recoverable and by whom they may be recovered.

The Wrongful Death Act 42 Pa.C.S.A. § 8301 provides that an action may be brought “to recover damages for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.” The wrongful death claim must be prosecuted by the administrator or executor of the decedent’s estate. The beneficiaries (often referred to as statutory beneficiaries) of a wrongful death action are limited to the spouse, children or parents of the deceased. The damages recoverable in a wrongful death action explicitly include medical and funeral expenses as well as estate administration expenses. A surviving spouse can recover for the loss of decedent’s financial support, services, comfort, society and affection. The surviving children of the decedent can recover for loss of the deceased parent’s guidance and tutelage. Additionally, wrongful death beneficiaries may recover for their pecuniary losses caused by the decedent’s death. In order to establish a pecuniary loss a beneficiary must establish the decedent was providing financial support and must establish the value of the services and contributions reducing that amount by the decedent’s cost of personal maintenance.

A survival action is often referred to as that action the decedent could have brought had he/she survived. Therefore, generally speaking the damages recoverable include those damages that a person who was injured but not killed could recover including lost earnings and net lost earning capacity (lost future earnings reduced by personal maintenance), medical expenses, and decedent’s pain and suffering from the moment of injury until the time of death.

Any claim for wrongful death cannot be settled without court approval.


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