After a fatal accident, family members of a deceased loved one have the right to file a Philadelphia wrongful death claim to recover damages for the losses they suffer due to the untimely death.
Additionally, the deceased person’s estate can initiate a survival action to recover money for the losses the person experienced before dying. In Pennsylvania, both claims usually arise from the same fatal incident and are filed together by the estate’s personal representative, but they come from separate statutes and pay different people.
What Does a Wrongful Death Action Cover in Philadelphia?
A wrongful death action (42 Pa.C.S. § 8301) belongs to the deceased person’s family, not the estate. It compensates them for what they lost when their loved one died. Generally, only three categories of beneficiaries can recover compensation for a wrongful death: the spouse, children, and parents of the deceased.
The following losses may be included in a wrongful death claim:
- Loss of the income and financial support the deceased would have provided
- Loss of services such as childcare, household work, and maintenance
- Loss of the deceased’s companionship and guidance
- Funeral, burial, and final medical expenses
These damages pass directly to the beneficiaries according to Pennsylvania’s intestacy rules, even if the deceased left a will. Because they belong to the family rather than the estate, they are not used to pay the deceased’s creditors and are not subject to inheritance tax.
What Does a Survival Action Cover in Philadelphia?
A survival action (42 Pa.C.S. § 8302) is not a new claim. Instead, the estate steps into the shoes of the deceased and pursues the personal injury claim that person could have brought had they lived.
These claims focus on the deceased’s pre-death losses, including:
- The conscious pain and suffering the deceased endured between injury and death
- Medical expenses incurred from the moment of injury until death
- The earnings the deceased would have made over their expected lifetime
Money recovered through a survival action becomes part of the estate. It will then be distributed under the deceased’s will or under intestacy law (if there is no will). Unlike wrongful death proceeds, it can be used to pay the estate’s debts and is subject to Pennsylvania inheritance tax.
How the Two Claims Work Together
In most fatal Philadelphia medical malpractice cases, the personal representative files both actions at once. This captures the full range of losses caused by a fatal accident, specifically the family’s future losses through the wrongful death claim, and the deceased’s past losses through the survival claim. When a combined case settles, a court typically must approve how the money is split between the two.
Both claims generally must be filed within two years under 42 Pa.C.S. § 5524, with the time period usually starting on the date of death. Missing the deadline can eliminate a family or estate’s right to pursue wrongful death compensation in court.
If your family has lost a loved one to another party’s negligence, a Pennsylvania wrongful death attorney can help you determine if you qualify for a wrongful death/survival action and pursue full compensation for your losses. Call Morris Wilson Knepp Jacquette, P.C. at (610) 825-0500 for a free consultation.