The Difference Between Wrongful Death and Survival Actions in Philly

When a person dies because of another party’s negligence, Pennsylvania law provides two distinct legal claims: wrongful death actions and survival actions. Families in Philadelphia often hear these terms but may not understand the difference.

What Is a Wrongful Death Action?

A wrongful death action is designed to compensate surviving family members for the losses they suffer because of their loved one’s death. It focuses on the impact the death has on the family rather than the losses of the deceased person.

What Is a Survival Action?

A survival action is different. It focuses on the rights of the deceased person as if they had survived the accident. The claim belongs to the estate of the deceased and seeks compensation for damages the victim could have pursued had they lived.

Types of Compensation Available in Wrongful Death Claims

In Philadelphia, wrongful death claims may be filed by the personal representative of the estate, usually a surviving spouse, child, or parent. If no personal representative files within six months, other family members may pursue the claim. Damages in a wrongful death action may include:

• Funeral and burial expenses
• Medical bills related to the final illness or injury
• Loss of the deceased’s income and financial support
• Loss of services the deceased provided to the household
• Loss of companionship, guidance, and emotional support

These damages recognize the family’s suffering and the financial burden caused by the unexpected death.

Types of Compensation Available in Survival Actions

Damages in a survival action may include:

• Pain and suffering endured by the deceased before death
• Lost wages from the time of the injury until death
• Loss of future earning capacity that the deceased would have accumulated
• Medical expenses incurred before death

The compensation from a survival action goes into the estate and is distributed according to the deceased’s will or Pennsylvania intestacy laws if there is no will.

Why Both Actions Are Important in Philadelphia

In many cases, both wrongful death and survival actions are filed together to ensure full recovery for the family and the estate. Filing both allows families to seek maximum compensation. For example, if a loved one lived for several weeks after an accident but later died, the survival action could recover damages for medical bills, lost wages, and pain endured during that time. At the same time, the wrongful death claim would allow surviving family members to recover for their own financial and emotional losses caused by the death. Together, these claims ensure that neither the deceased’s suffering nor the family’s hardships are overlooked.

Legal Representation is Critical

Wrongful death and survival actions involve strict deadlines, specific procedural rules, and detailed evidence requirements. In Philadelphia, these cases are often highly contested by insurance companies and defense lawyers who try to reduce payouts. A skilled personal injury attorney is critical because they can:

• Determine which claims apply to your case.
• File both wrongful death and survival actions within required time limits.
• Gather medical records, wage statements, and expert testimony to prove damages.
• Navigate Pennsylvania’s distribution rules to ensure compensation is properly allocated.
• Negotiate aggressively with insurers or present a compelling case in court.

Without legal representation, families risk missing critical evidence or losing valuable compensation.