Losing a loved one brings significant financial and emotional challenges for the surviving family. Legal claims, such as survival actions or wrongful death lawsuits, can help ease some of the financial burden. In cases where the deceased suffered before passing, a survival action allows the family to pursue compensation for the pain and damages their loved one experienced. A Philadelphia survival actions lawyer at Soloff & Zervanos Personal Injury Attorneys could help you and your family achieve justice for your loved one.
A survival action allows the family to seek compensation for injuries the deceased suffered before death. Pennsylvania Statute § 8302 outlines the definition and details of this type of claim. It covers damages the person could have made claims for while alive, including pain and suffering, medical expenses, and lost income between the time of the accident and the person’s death. By working with an attorney in Philadelphia to file a survival action, the family could preserve the legal rights the deceased would have exercised.
People often file survival actions in the same situations that allow for wrongful death lawsuits, which can make it difficult to understand the difference between the two. Survival actions and wrongful death lawsuits differ in two key ways: who receives the compensation and what the lawsuit aims to address.
The primary difference between the two claims is who benefits from any compensation received. In a wrongful death claim, the damages go straight to the deceased’s close family members or dependents. In a survival action, the compensation goes to the deceased’s estate and is distributed according to its terms.
The second key difference between survival actions and wrongful death suits lies in their focus. Those who make wrongful death claims are seeking to recover the damages that they have suffered from losing a loved one, such as loss of financial contributions and emotional damages due to a loss of companionship. In contrast, survival actions focus on compensation for the damages suffered by the deceased before their death. Many families pursue survival actions to seek justice on behalf of a loved one. Speaking with an attorney experienced in Philadelphia survival action cases could help clarify which type of claim best applies to your situation.
Filing a survival action can be complex and must follow strict legal deadlines. To qualify, certain conditions must be met. The deceased must have survived the initial incident long enough to experience pain, suffering, or other injuries. Unlike wrongful death claims, family members or dependents cannot file a survival action. Only the representative of the deceased’s estate has the authority to bring this type of claim. In Pennsylvania, the estate must file the action within two years of the person’s death, in accordance with the statute of limitations. If you are considering a survival action, consulting an attorney handling claims in Philadelphia could be beneficial. Our team at Soloff & Zervanos Personal Injury Attorneys is ready to guide you through every step of the complex legal proceedings.
Dealing with the aftermath of a loved one’s death can be extremely stressful. Filing a survival action allows your family to pursue justice for your loved one, but the legal process can add to the emotional burden. At Soloff & Zervanos Personal Injury Attorneys, we are dedicated to helping families obtain the justice and compensation your loved one deserved, with as little added stress as possible. Book your free consultation today with a Philadelphia survival actions lawyer. We are here to support you and help ease the burden on your family during this difficult time.