In Pennsylvania, families pursuing justice after a loved one’s death may have multiple legal options. One such option is a survival action, which allows the estate to recover damages the deceased could have sought if they had survived. While survival actions typically focus on compensatory damages, many families wonder if punitive damages—those intended to punish wrongful conduct and deter future harm—are also available.

This article examines how punitive damages fit into Pennsylvania survival action claims, the legal standards that apply, and what evidence is needed to pursue them effectively.

What is a Survival Action in Pennsylvania?

A survival action is a lawsuit filed by the estate of a deceased person to recover damages the person could have claimed had they lived. It is authorized under 42 Pa.C.S. § 8302 and is separate from a wrongful death claim, which compensates family members for their personal losses.

In a survival action, damages typically cover:

• Medical expenses related to the final injury or illness
• Lost wages and benefits from the time of injury until death
• Pain and suffering endured before passing

Unlike wrongful death claims, survival actions treat the damages as part of the deceased’s estate, meaning they are distributed according to the will or Pennsylvania intestacy laws.

How Punitive Damages Work in Pennsylvania Law

Punitive damages are not meant to compensate but to penalize conduct that is especially harmful. In Pennsylvania, they may be awarded if the defendant’s actions showed:

• Willful misconduct
• Reckless indifference to the safety of others
• Intentional wrongdoing

The Pennsylvania Supreme Court has emphasized that punitive damages require more than simple negligence. The plaintiff must show that the defendant knew or should have known their conduct posed a high risk of harm and still chose to proceed.

Are Punitive Damages Allowed in Survival Actions?

Yes. Pennsylvania courts have confirmed that punitive damages may be recovered in a survival action if the legal standard is met. Since a survival action is essentially the personal injury claim the deceased could have brought if alive, all available personal injury damages—including punitive—can be pursued.

Example: If a truck driver knowingly drove while severely fatigued and caused a fatal crash, the estate could potentially claim punitive damages in a survival action if evidence shows reckless disregard for human life.

It is important to note that punitive damages cannot be claimed in a wrongful death action under Pennsylvania law. They are only available through the survival action portion of the case.

Legal Precedent Supporting Punitive Damages in Survival Actions

Pennsylvania case law reinforces the principle that punitive damages survive the death of an injured person. In Harvey v. Hassinger, the court held that punitive damages could be awarded to the estate through a survival claim if the evidence supported the necessary mental state of the defendant.

This aligns with the idea that the defendant’s wrongful conduct should not escape punitive consequences simply because the victim passed away.

Proving Punitive Damages in a Survival Action

To secure punitive damages in a Pennsylvania survival action, the estate must meet a high evidentiary burden:

1. Establishing the Defendant’s State of Mind

Evidence must show the defendant acted with reckless indifference or intentional harm. This might include internal company emails, safety violations, or prior similar incidents.

2. Demonstrating the Conduct’s Severity

Courts look for conduct that goes beyond carelessness. For instance:

• Operating machinery while knowingly impaired
• Ignoring repeated safety warnings in a hazardous workplace
• Concealing a dangerous defect in a product that caused the fatality

3. Linking Conduct to the Fatal Injury

The estate must show that this extreme misconduct directly caused the injury that led to death.

Damages Available in a Punitive-Eligible Survival Action

A survival action where punitive damages are proven may include:

• Economic damages: Lost wages, benefits, and medical costs before death
• Non-economic damages: Pain, suffering, and mental anguish endured by the decedent
• Punitive damages: Additional monetary penalties designed to punish and deter

Because punitive awards are meant to punish, there is no fixed formula for calculating them in Pennsylvania. Instead, courts consider factors like the defendant’s wealth, the severity of misconduct, and the need to deter similar actions in the future.

Statute of Limitations for Survival Actions in Pennsylvania

Survival actions in Pennsylvania must generally be filed within two years from the date of death. Missing this deadline can bar both compensatory and punitive claims, making timely legal action critical.

Why Punitive Damages Can Be Strategically Important

While not available in every case, punitive damages can:

• Increase total recovery for the estate
• Send a public message about the seriousness of the defendant’s actions
• Pressure defendants into settlement due to reputational and financial risks

For example, in medical malpractice cases involving grossly negligent conduct—such as a doctor performing surgery while intoxicated—punitive damages may be one of the most powerful tools for accountability.

Working with Legal Counsel

Because punitive damages require a strong evidentiary showing and strategic litigation, estates should work with attorneys experienced in both wrongful death and survival action claims. A skilled lawyer can:

• Investigate and gather evidence of recklessness or intentional wrongdoing
• Retain expert witnesses to explain safety violations or industry standards
• Negotiate with insurers while preparing for trial if necessary

Conclusion

Punitive damages can be pursued in a Pennsylvania survival action claim when the evidence shows the defendant acted with reckless disregard or intentional harm. They are not automatic and require meeting a strict legal standard, but when successful, they provide both financial and moral accountability. Families navigating the legal aftermath of a wrongful death should understand this distinction and work with experienced counsel to evaluate whether punitive damages are possible in their case.

Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away

If your family is grappling with the loss of a loved one due to someone else's negligence in Pennsylvania, you do not have to face the legal system alone. At Brandon J. Broderick, Attorney at Law, we understand the profound impact of such a loss and are committed to helping families seek the justice and compensation they deserve. Our team of experienced and compassionate attorneys can guide you through every step of filing a survival action and wrongful death claim.

We offer a free, no-obligation consultation to discuss your case and answer your questions. Contact us today to learn how we can help you and your family during this difficult time. We look forward to assisting you.