Author: John Mattiacci | Owner Mattiacci Law
Published June 8, 2022
Table of Contents
ToggleThe untimely loss of a loved one due to another’s negligence is a devastating experience. In Pennsylvania, those affected by such a tragedy may have recourse through legal action. However, understanding the nuances between a wrongful death claim and a survival action is crucial.
In short, a wrongful death claim is brought by a deceased person’s family to recover damages for their loss, while a survival action focuses on losses of the deceased. Other key differences include who can file and recoverable damages.
While related, they are separate legal actions. By consulting with a Philadelphia wrongful death attorney, you can delve into the key differences between these two legal avenues. Still, an overview is useful.
focuses on the financial loss suffered by the decedent’s surviving family members due to their loved one’s death. It is a claim brought on behalf of the surviving family to compensate them for their economic and emotional losses.
Conversely, a survival action is brought by the estate’s personal representative to recover damages the deceased could have claimed had they survived the incident.
Elements of a Wrongful Death Claim
To successfully pursue a wrongful death action in Pennsylvania, four essential elements must be established:
Duty: The defendant owed a duty of care to the deceased. This duty could arise from various relationships, such as driver to pedestrian, property owner to visitor, or medical provider to patient.
Breach: The defendant breached their duty of care by acting negligently or recklessly. This means they failed to exercise the same standard of safety and care a reasonably prudent person would have under similar circumstances.
Causation: The defendant’s breach of duty directly caused the decedent’s death. The plaintiff must prove a direct causal link between the defendant’s negligence and the fatal injury.
Damages: The plaintiff must demonstrate the financial losses suffered by the surviving family members due to the decedent’s death. These damages may include loss of support, loss of companionship, and medical and funeral expenses.
Who Can File for Compensation in a Wrongful Death Suit in Pennsylvania?
In Pennsylvania, specific individuals are authorized to file a wrongful death claim. The law designates the following as eligible plaintiffs:
- Spouse
- Children
- Parents
If no spouse, children, or parents survive, other eligible relatives may be able to bring a claim. It is crucial to consult with an experienced Pennsylvania wrongful death attorney to determine who can file a claim in your specific case.
Who May File a Survival Action in PA?
Unlike a wrongful death claim, a survival action is brought by the personal representative of the decedent’s estate. This individual is typically appointed by the court to manage the decedent’s affairs. The personal representative is responsible for gathering the decedent’s assets, paying debts, and distributing the remaining estate to the beneficiaries.
Can You File for Both Wrongful Death and Survival Actions in Pennsylvania?
Yes, it is possible to file both a wrongful death claim and a survival action arising from the same incident. These claims serve different purposes and involve different parties, allowing for the recovery of various types of damages.
Damages You Can Claim in a Wrongful Death Case in Pennsylvania
Damages recoverable in a wrongful death claim in Pennsylvania aim to compensate the surviving family for their losses. These damages generally fall into two categories: economic and non-economic.
- Economic damages: These are quantifiable monetary losses, such as lost wages, medical expenses incurred before death, and funeral costs.
- Non-economic damages: These are intangible losses, such as loss of companionship, guidance, and consortium. While more challenging to quantify, these damages are essential for providing full compensation to the surviving family.
As mentioned earlier, damages in a wrongful death case can be categorized as economic and non-economic. Economic damages are typically easier to calculate and include:
- Lost wages and earning capacity
- Medical expenses incurred before death
- Funeral and burial expenses
- Loss of support and services
Non-economic damages are more subjective and can include:
- Loss of companionship
- Loss of consortium
- Mental anguish and suffering
- Loss of guidance and care
Statute of Limitations for Wrongful Death and Survival Actions in Pennsylvania
It is essential to be aware of the deadlines for filing wrongful death and survival actions in Pennsylvania. The statute of limitations for wrongful death claims is two years from the date of death. For survival actions, the deadline is two years from the date of the injury that caused the death.
Missing the statute of limitations can have severe consequences, potentially barring your ability to recover damages. Therefore, it is crucial to consult with an attorney as soon as possible after a loved one’s death.
Contact Our Team Today About Your Options
Don’t try to manage the complexities of wrongful death or survival actions alone. Mattiacci Law, LLC is here to help. Our dedicated team will fight tirelessly to protect your rights and seek justice on your behalf. Contact us today for a free consultation by checking out our website or calling 215-709-7915.
Answers to Your FAQs About Wrongful Death Claims
What are general damages for wrongful death?
General damages in a wrongful death claim compensate surviving family members for their emotional loss and suffering due to the decedent’s death. These damages are typically non-economic, meaning they are not easily calculated with a specific monetary value. Examples include loss of companionship, loss of consortium, and mental anguish.
What are the damages for survival cause of action?
Damages in a survival action seek to compensate the decedent for losses they incurred from the time of injury until death. This includes medical expenses, lost wages, and pain and suffering experienced by the decedent before passing. Unlike wrongful death damages, survival action damages are typically economic and easier to quantify.
What are pain and suffering damages for wrongful death?
While pain and suffering damages are often associated with personal injury claims, they can also be part of a wrongful death lawsuit. In this case, pain and suffering damages compensate the decedent’s estate for the physical and emotional pain experienced by the deceased before death. It’s important to note that these damages differ from the emotional distress suffered by surviving family members, which falls under general damages in a wrongful death claim.
Is there a cap on wrongful death in Pennsylvania?
Pennsylvania does not have a cap on wrongful death damages. This means that the amount of compensation awarded to surviving family members is determined by the specific circumstances of the case and the evidence presented in court. However, other damages, such as medical expenses or lost wages, may have certain limitations or caps. It’s crucial to consult with a Pennsylvania wrongful death attorney to understand the specific laws and regulations applicable to your case.
Our Team Will Support You During Difficult Times
Losing a loved one is a heartbreaking experience. If you believe wrongful death or a survival action may apply to your situation, contact Mattiacci Law, LLC for a free consultation. Our experienced attorneys are committed to providing compassionate guidance and aggressive representation. Call us at (215) 914-6919 or go online to schedule your appointment.
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