When a person dies because of another party’s negligence or wrongful conduct, Pennsylvania law may allow legal claims arising from the death. Families encountering these laws for the first time may hear the terms “wrongful death action” and “survival action.” Although these claims can arise from the same incident and may be pursued together, they serve different legal purposes and compensate different losses.
Understanding that distinction can be important for families considering their legal options after a fatal car accident, medical error, premises liability incident, or another event involving alleged negligence.
What Is a Wrongful Death Action in Pennsylvania?
Pennsylvania’s Wrongful Death Act, found at 42 Pa.C.S. § 8301, permits an action when an individual’s death was caused by the wrongful act, neglect, unlawful violence, or negligence of another, subject to the requirements of the statute.
The central purpose of a wrongful death action is to compensate certain surviving family members for losses they experience because of their loved one’s death.
Pennsylvania law specifically identifies the deceased person’s spouse, children, and parents as wrongful death beneficiaries. The statute provides that damages recovered are distributed among those beneficiaries according to the proportions in which they would take the decedent’s personal estate under Pennsylvania intestacy law. Wrongful death damages generally are not subject to the deceased person’s creditors.
The statute also expressly permits recovery of reasonable hospital, nursing, medical, funeral, and estate-administration expenses necessitated by the injuries causing the death.
Pennsylvania courts have recognized additional wrongful death damages reflecting losses suffered by eligible family members. Depending on the circumstances and evidence, these can include the value of financial contributions and services the deceased would have provided, as well as losses involving companionship, comfort, society, guidance, solace, and protection.
Who Brings a Pennsylvania Wrongful Death Action?
Under Pennsylvania Rule of Civil Procedure 2202, a wrongful death action generally is brought by the deceased person’s personal representative — the executor or administrator of the estate — for the benefit of those legally entitled to recover.
There is an important procedural provision, however. If a wrongful death action has not been filed within six months following the death, the action may be brought by the personal representative or by a person legally entitled to recover, acting as trustee ad litem on behalf of all eligible beneficiaries.
That six-month provision should not be confused with the applicable statute of limitations.
What Is a Survival Action?
A survival action is different because it is not a new claim belonging to surviving family members.
Pennsylvania’s Survival Act, 42 Pa.C.S. § 8302, provides that causes of action generally survive the death of a plaintiff or defendant. In a fatal injury case, this essentially allows the deceased person’s own claim to continue through the estate.
One way to understand the distinction is to consider what would have happened if the injured person had survived. If that person could have pursued a personal injury claim against the responsible party, the Survival Act can preserve that cause of action after death.
The Pennsylvania Supreme Court has explained that survival damages can include the deceased person’s conscious pain and suffering, loss of gross earning power between the injury and death, and loss of earning power — less personal maintenance expenses — over the deceased person’s estimated working life.
Unlike wrongful death damages, a recovery under a survival action becomes part of the deceased person’s estate.
Wrongful Death and Survival Actions Address Different Losses
The distinction can be summarized this way:
A wrongful death action focuses on what qualifying family members lost because their loved one died.
A survival action focuses on the claim and losses the deceased person could have pursued had they survived.
For example, suppose a person suffers serious injuries in a Pennsylvania motor vehicle accident, remains hospitalized for a period of time, and later dies from those injuries.
A survival action could potentially include damages associated with the deceased person’s conscious pain and suffering and qualifying lost earning power. A wrongful death action could address losses sustained by eligible family members, such as the loss of financial contributions, services, companionship, and other legally recognized losses.
The exact damages available depend on the circumstances and evidence in the individual case.
Can Both Actions Be Filed?
Yes. Pennsylvania law recognizes wrongful death and survival actions as distinct claims, and both may arise from the same fatal incident.
However, the same damages cannot simply be recovered twice. Pennsylvania courts have repeatedly emphasized that wrongful death and survival actions compensate different categories of losses and must not result in duplicate recovery.
This distinction can become particularly important when calculating economic losses. Money the deceased would have contributed to a spouse or children, for example, may implicate the wrongful death claim, while the deceased person’s remaining lost earning power may be relevant to the survival claim.
Determining the proper allocation can therefore require a careful analysis of income, personal expenses, family contributions, expected working life, and other evidence.
How Long Do Families Have to Bring a Claim?
Pennsylvania generally imposes a two-year statute of limitations on actions seeking damages for personal injuries or a death caused by another person’s wrongful act, neglect, unlawful violence, or negligence. The specific timing analysis can depend on the type of claim and the facts involved, so families should not assume that they can safely wait until the two-year anniversary to investigate their options.
There is also a separate six-month procedural rule concerning who may bring a wrongful death action. Under Pennsylvania Rule of Civil Procedure 2202, if the personal representative has not brought the wrongful death action within six months after the death, an eligible beneficiary may be permitted to bring the action as trustee ad litem for all beneficiaries.
Because statutes of limitation and procedural deadlines can have significant consequences, obtaining advice about a potential claim as early as possible can help preserve evidence and determine which deadlines apply.
What Types of Incidents Can Lead to These Claims?
Wrongful death and survival claims are not limited to one type of accident. Depending on the facts and whether a legally responsible party can be established, claims may arise from situations involving:
- Motor vehicle and truck accidents
- Medical malpractice
- Dangerous property conditions
- Defective products
- Construction-related accidents
- Other negligent or wrongful conduct resulting in fatal injuries
The existence of a death alone does not automatically establish liability. As with other negligence-based claims, the evidence must support the underlying legal claim against the party or parties alleged to be responsible.
Why the Difference Matters to Pennsylvania Families
The distinction between wrongful death and survival actions affects more than terminology. It can determine who benefits from a recovery, which damages may be pursued, how damages are calculated, and how recovered funds are handled.
Pennsylvania law treats the two claims separately because they address two different consequences of the same event: the losses suffered by surviving family members and the losses associated with the deceased person’s own legal rights.
For families dealing with an unexpected death, identifying all potentially responsible parties and preserving relevant evidence can also be important. Medical records, accident reports, photographs, witness information, employment and income records, and other documentation may become significant depending on the circumstances.
Speak With Cooper Schall & Levy, P.C. About a Potential Wrongful Death Claim
Losing a family member because of another party’s alleged negligence can raise difficult legal and financial questions in addition to the personal loss involved. Understanding whether wrongful death and survival claims may apply is an important part of evaluating the legal options available under Pennsylvania law.
Cooper Schall & Levy, P.C. represents individuals and families in serious personal injury, wrongful death, and medical malpractice matters. If you believe a loved one’s death may have resulted from negligence, our attorneys can review the circumstances, explain how Pennsylvania law applies, and discuss the legal options that may be available.
