When someone dies due to another party’s negligence, their estate may have the legal right to pursue a survival action to compensate for the losses they suffered before their death. If you are unsure how this process works, an Allentown survival actions lawyer could help you understand your legal options.
A wrongful death attorney from our firm could review the details surrounding your loved one’s death and advise you whether there are viable grounds to pursue a claim against the person responsible.
Under Pennsylvania Statute § 8302, a personal injury claim can continue after the death of the injured person. This means if a deceased person began pursuing a claim before their passing, their estate or personal representative can continue the lawsuit. For instance, if your loved one is injured in a car accident and later dies from an unrelated cause while their case is pending, their estate still has the legal right to continue the claim. State law also allows the estate or personal representative to pursue a new claim against those responsible for your loved one’s death, provided they could have sued had they survived. For example, the estate could seek compensation for everything your loved one endured from the moment of the accident until their death.
Survival actions can be confusing to understand, which is why it is critical to consult with our experienced and trusted Allentown attorneys.
Unlike wrongful death lawsuits, which compensate surviving family members for lost emotional companionship and financial support, survival actions address the deceased’s own losses.
In a survival action, you could seek financial compensation for the physical, emotional, and financial losses your loved one suffered up until their death. This could include:
Any compensation from a successful survival action goes to the estate. The estate then uses these funds to pay any outstanding creditors before distributing them to the beneficiaries. Our lawyer is experienced in guiding Allentown clients through the legal process of pursuing a survival action.
If your loved one suffered fatal injuries due to someone else’s negligence, pursuing a survival action could help you recover their losses from those responsible.
An Allentown survival actions lawyer from our firm could review the evidence and help you understand your legal options. Contact our office today to discuss your case and learn how we could help you and your family pursue the compensation your loved one deserved.
