What Is a Wrongful Death vs Survival Action?
Losing a loved one is always incredibly painful, but losing someone tragically and unexpectedly due to someone else’s negligence can seem impossible to navigate. If your family member was a key financial supporter of your household, your grief is likely being compounded by extreme financial stress. You may be wondering how you can put your family member or spouse to rest, pay off their medical bills, and keep your household afloat, but you may have legal recourse through wrongful death or survival claims. At Munley Law, our wrongful death attorneys can walk you through your options to seek justice for your deceased family member and obtain financial support.
Understanding Wrongful Death Claims
A wrongful death claim is a type of lawsuit that serves to compensate a deceased person’s family members for the loss they have suffered as a result of their loved one’s death, whether it be emotional suffering, financial suffering, or otherwise. This type of lawsuit can be appropriate following a family member’s death due to a number of causes, including a workplace accident, medical malpractice, or car accident.
If the death was a result of negligence by another party responsible, then a wrongful death lawsuit may be an option. To succeed in a wrongful death claim in Pennsylvania, your attorney will need to demonstrate the following:
- The defendant owed a duty of care to your loved one (for example, a driver owes a duty of care to others on the road, or a physician has a duty to their patient)
- The defendant breached the duty of care by acting negligently, recklessly, or outside the standard of care.
- The defendant’s breach of duty directly caused the fatal injury.
- The plaintiff (the deceased person’s family members) has suffered financial or emotional losses.
Consult with Munley Law’s experienced wrongful death attorneys to understand your wrongful death claim options.
Exploring Survival Actions
The biggest difference between a wrongful death lawsuit and a survival action is that the focus of a survival action is the losses of the deceased, as opposed to the losses of their surviving family members, which is the focus of a wrongful death claim. A survival action is brought on behalf of a deceased person’s estate to recover financial damages the deceased person would be entitled to if they had survived. You can think of survival action claims as personal injury claims for a deceased person. Let Munley Law help you determine if a survival action is appropriate for your case.
Who Can File Wrongful Death and Survival Actions?
Wrongful death lawsuits can generally be filed only by family members who are dependents of the deceased. For example, the surviving spouse or children or even a parent if the deceased was providing meaningful financial support at the time of their death. A surviving family member may also be eligible to file for wrongful death if that person is financially responsible for the deceased’s medical bills or funeral expenses.
Survival action claims can be brought by the personal representative of the deceased person’s estate. The personal representative is the person who is charged with handling all of a deceased person’s affairs, such as paying their debts and distributing property to next of kin. Speak with a Munley Law expert to understand your eligibility to file a claim.
Statute of Limitations for Wrongful Death and Survival Actions
The statute of limitations is the timeframe in which you can file a lawsuit. In Pennsylvania, the statute of limitations for filing a wrongful death claim is two years after the date of your loved one’s death. In a survival action, the statute of limitations is two years from the date of the injury that resulted in the death.
Typically, if the statute of limitations has been passed, you won’t be able to file a wrongful death suit or survival action, but there are a few exceptions. Sometimes, courts will allow a pause in the statute of limitations in situations where the defendant has tried to hide information about the cause of the decedent’s death. Perhaps the most common exception is for minor children who want to file a wrongful death claim for a parent. A minor will have two years from their 18th birthday to file a wrongful death suit.
When you’re grieving, the last thing you want to think about is meeting with attorneys and rehashing the worst days of your life. At Munley Law, we understand that this time is painful for you, but we don’t want you to miss your opportunity to file a wrongful death claim or survival action because of a statute of limitation issue. Our attorneys will help you map a plan that preserves your legal rights as well as necessary documentation and evidence. Don’t let time run out on your claim. Contact Munley Law today for a free consultation.
Calculating Damages in Wrongful Death and Survival Actions
Wrongful Death Claim Damages
Damages in wrongful death claims in Pennsylvania can include both economic and non-economic damages. Economic damages are easier of the two to prove and include things such as medical expenses incurred before death, burial expenses, and lost wages, among others.
Non-economic damages can be more challenging , but your Munley Law attorney can help you obtain compensation for the mental anguish of losing your spouse, parent, or loved one in a wrongful death case. In wrongful death cases, the damages will go directly to the person who filed the lawsuit, whereas in survival actions, damages go to the decedent’s estate.
Survival Action Damages
A survival action claim can also be for both economic and non-economic damages. They focus on the financial and emotional costs the deceased faced as a result of the accident but before their death. This can include lost wages, pain and suffering, loss of enjoyment of life, pre-death medical expenses, and more.
In awarding damages, courts will examine at medical records, financial statements, pay stubs, and other tangible expenses for economic damages. Non-economic damages are calculated most commonly using either the multiplier method, which multiplies tangible damages by a certain amount, or the per diem method, which assigns a per day dollar amount between the decedent’s accident and their death. Ensure you receive fair compensation in your loved one’s case; let Munley Law assess the value of your claim.
The Role of a Personal Injury Attorney in These Cases
You should never embark on a wrongful death or survival lawsuit without the guidance of a qualified personal injury attorney. In these types of lawsuits, an experienced attorney will:
- Confirm grounds for the lawsuit, including investigating and gathering evidence
- Identify the appropriate liable parties
- Explain all your legal options to you
- File the lawsuit
- Negotiate a settlement with insurance companies or opposing counsel or go to trial
- Ensure smooth distribution of damages
Maximize your chances of a successful outcome. Partner with Munley Law’s experienced legal team.
Can You File Both a Wrongful Death and Survival Action?
You may be able to file both a wrongful death claim and a survival claim, but there are some restrictions and limitations. If you are the surviving spouse and also the executor of your deceased spouse’s estate, you can potentially file both claims. Survival action claims also require permission from the family. A deceased person’s representative cannot bring a survival action if the surviving family members make a formal request that an action not be pursued.
There are numerous strategic considerations when deciding whether bringing either or both lawsuits is beneficial. Discuss your case complexities with Munley Law to determine the best legal approach.
Steps to Take When Considering a Wrongful Death or Survival Action
Embarking on a wrongful death lawsuit or survival action can feel overwhelming, but it doesn’t need to be. If you’re considering taking legal action, make sure to preserve all documentation, evidence, medical, and financial records relating to your loved one’s accident, treatment, and burial. When in doubt, save everything and contact legal counsel. You can take the first step towards justice today. Contact Munley Law for a free case evaluation.
