What Is the Difference Between Wrongful Death and Survival Action?

When a loved one passes due to someone else’s negligence or wrongful act, Pennsylvania law allows for two potential claims for family members: a wrongful death claim and a survival action. Both types of claims offer compensation for the family of the deceased, but they have different purposes. Let’s break down the difference between a wrongful death claim and a survival action in Pennsylvania.

What is a Wrongful Death Claim?

The purpose of a wrongful death claim is to provide compensation for the family members who suffer due to the death of a loved one. In Pennsylvania, only certain family members – the spouse, children, or parents – can pursue a wrongful death claim. Compensation that is awarded from a wrongful death claim generally falls within one of the following categories:

• Loss of financial support from the deceased
• Loss of services performed by the deceased
• Funeral and burial expenses
• Loss of companionship provided by the deceased

Family members can receive direct compensation after the death of a loved one through a wrongful death claim, and the compensation is based on the actual effect of the deceased’s absence.

What is a Survival Action?

A survival action focuses on the losses that the deceased person experienced from the time of injury until their death. Instead of compensating the family’s suffering, like a wrongful death claim, a survival action looks at what the deceased would have been able to recover had they survived. Expenses that can be recovered in a survival action claim include:

• Medical expenses related to the injury before the person’s passing
• Lost income of the deceased from the time of injury until death
• Pain and suffering experienced by the deceased before his or her passing

In a survival action, the compensation awarded by the court will go to the estate of the deceased person instead of directly to the family because it is about the injuries or losses that were actually experienced by the deceased individual, not the effect on the family.

Wrongful Death vs. Survival Action – Call an Attorney to Help Decide

The aftermath of a loved one’s death can be a very stressful and confusing time. If you are trying to decide whether you have a legitimate claim against the person who caused the death or injury, speak with a knowledgeable personal injury attorney who can help you decide. We could provide guidance on the best approach for your situation and help pursue justice for the person you lost. Call our firm today for help.