The loss of a loved one because of someone else's negligence or wrongful actions can bring about an unimaginable level of grief. In the midst of this emotional turmoil, families are often faced with unexpected financial burdens and the challenging task of navigating the legal system. In Pennsylvania, the law provides two primary avenues for seeking justice and compensation in these situations: a wrongful death claim and a survival action claim. While they are often discussed together and can arise from the same incident, they are distinct legal actions with different purposes. This article will provide a comprehensive guide to understanding and filing a survival action claim in Pennsylvania, a legal tool that allows the deceased person's estate to recover damages they could have sought had they survived.
Recognizing the Essential Distinction: A Survival Action Claim Compared to a Wrongful Death Claim
Before proceeding with a claim, it is important to grasp the fundamental distinction between a survival action and a wrongful death claim in Pennsylvania. Many people use the terms interchangeably, but they represent two separate types of legal recourse.
A wrongful death claim is filed by the decedent's surviving family members—such as a spouse, children, or parents—for the harm they have personally suffered due to their loved one's death. This can include the loss of financial support, companionship, guidance, and services the deceased would have provided. Essentially, a wrongful death action compensates the family for their own losses.
In contrast, a survival action claim is brought by the personal representative of the deceased person's estate. This type of claim is not about the family's suffering but rather the harm and losses the deceased individual endured from the moment of their injury until their death. The legal theory behind a survival action is that the decedent's own personal injury claim "survives" their death.
Think of it this way: if someone is injured in a car accident and lives for several weeks before succumbing to their injuries, they would have had a personal injury claim against the at-fault driver for their medical expenses, lost wages, and pain and suffering during that time. A survival action allows their estate to pursue that claim on their behalf after they have passed away.
Who Can Initiate a Survival Action in Pennsylvania?
In Pennsylvania, a survival action must be filed by the personal representative of the deceased's estate. This individual is either named as the executor in the decedent's will or is appointed by the court as the administrator of the estate if there is no will.
The personal representative acts as a fiduciary, meaning they have a legal duty to act in the best interests of the estate and its beneficiaries. Any compensation recovered through a survival action becomes part of the decedent's estate and is distributed to the heirs according to the will or, if there is no will, Pennsylvania's intestacy laws. This is a key difference from a wrongful death claim, where damages are paid directly to the eligible surviving family members.
What is a Survival Action, and What Damages Can Be Recovered in Pennsylvania?
As established, a survival action is a legal claim for the damages the deceased person sustained as a result of the negligence or wrongful act that ultimately led to their death. A knowledgeable wrongful death lawyer in Pennsylvania can help the estate identify and calculate the full extent of these damages. The types of compensation that can be sought in a survival action claim in Pennsylvania include:
- Medical Expenses: This covers all costs related to the medical care the deceased received from the time of their injury until their death. This can include ambulance fees, hospital stays, surgeries, medication, and rehabilitative therapy.
- Lost Earnings: The estate can claim the wages and benefits the decedent lost from the date of their injury until their passing.
- Pain and Suffering: This is a significant component of many survival action claims. It seeks to compensate for the physical pain, emotional distress, and mental anguish the deceased experienced as a result of their injuries. Proving pain and suffering can be complex and often requires evidence such as medical records, witness testimony, and expert opinions.
- Loss of Future Earning Capacity: In some cases, the estate may be able to recover damages for the future earnings the deceased would have likely accumulated over their lifetime had they not died. This is often a substantial part of the claim and requires the expertise of economists and vocational experts to calculate.
- Funeral and Burial Expenses: While these costs can sometimes be recovered in a wrongful death claim, they can also be included as damages in a survival action.
It is important to note that a survival action does not compensate for the grief or emotional suffering of the surviving family members; that is the purpose of a wrongful death claim. A seasoned wrongful death attorney can help families determine the most appropriate legal strategy, which may involve filing both a survival action and a wrongful death claim simultaneously.
The Step-by-Step Process of Filing a Survival Action Claim in Pennsylvania
Filing a survival action in Pennsylvania is a detailed legal process that requires careful attention to deadlines and procedures. An experienced attorney can guide you through each stage, ensuring that all legal requirements are met. Here is a general overview of the steps involved:
1. Appointing a Personal Representative for the Estate
The first step is to have a personal representative appointed for the deceased's estate. If the decedent had a will, the person named as the executor will need to be formally appointed by the Register of Wills in the county where the deceased resided. If there is no will, a family member or other interested party will need to petition the court to be appointed as the administrator of the estate. This is a prerequisite for filing a survival action.
2. Investigating the Incident and Gathering Evidence
Once a personal representative is in place, a thorough investigation into the circumstances of the death must be conducted. This involves gathering all relevant evidence, which may include:
- Police reports and accident scene evidence
- Medical records and autopsy reports
- Photographs and videos of the incident scene and injuries
- Eyewitness statements
- Employment records to establish lost wages
- Expert opinions from medical professionals, accident reconstructionists, and economists
A skilled wrongful death lawyer will have the resources and experience to conduct a comprehensive investigation and build a strong foundation for the claim.
3. Calculating the Damages
As outlined above, calculating the full extent of damages in a survival action can be complex. It often requires not only a detailed review of financial records but also the input of various experts to project future losses and quantify the deceased's pain and suffering. An accurate and well-supported calculation of damages is essential for successful settlement negotiations or a trial verdict.
4. Filing the Lawsuit
After the investigation is complete and the damages have been calculated, the personal representative, through their attorney, will file a formal complaint with the appropriate Pennsylvania court. This legal document outlines the factual and legal basis for the survival action claim, identifies the defendants, and specifies the damages being sought.
5. The Discovery Process
Once the lawsuit is filed, the discovery phase begins. This is a formal process where both sides exchange information and evidence related to the case. Discovery can involve written questions (interrogatories), requests for documents, and depositions (sworn testimony taken outside of court). The goal of discovery is to allow each party to fully understand the other side's case and to prevent any surprises at trial.
6. Settlement Negotiations or Trial
Many survival action claims are resolved through settlement negotiations. A skilled attorney will negotiate with the defendants' insurance companies and legal representatives to reach a fair settlement that fully compensates the estate. If a settlement cannot be reached, the case will proceed to trial. At trial, both sides will present their evidence and arguments to a judge or jury, who will then render a verdict.
The Statute of Limitations for a Survival Action in Pennsylvania
In Pennsylvania, there are strict deadlines for filing legal claims, known as the statute of limitations. For a survival action, the personal representative of the estate generally has two years from the date of the deceased person's death to file a lawsuit.
It is absolutely imperative to adhere to this deadline. If a claim is not filed within the two-year window, the estate will likely lose its right to seek compensation forever. There are very few exceptions to the statute of limitations, so it is important to contact a qualified PA wrongful death lawyer as soon as possible after a loved one's death to ensure that your legal rights are protected.
The Importance of a Pennsylvania Wrongful Death Attorney in Your Survival Action Claim
Navigating the complexities of a survival action claim while grieving the loss of a family member can be an incredibly difficult experience. An experienced and compassionate wrongful death attorney can provide invaluable assistance during this challenging time. Here are some of the ways an attorney can help:
- Determining the Viability of Your Claim: An attorney can review the facts of your case and advise you on whether you have a valid survival action claim and a wrongful death claim.
- Handling All Legal Procedures: From petitioning for the appointment of a personal representative to filing the lawsuit and managing all court deadlines, an attorney will handle the legal legwork so that you can focus on your family.
- Conducting a Thorough Investigation: A law firm will have the resources to conduct a comprehensive investigation, gather all necessary evidence, and hire the right experts to build a compelling case.
- Negotiating with Insurance Companies: Insurance companies are notorious for trying to minimize payouts. An experienced attorney will level the playing field and negotiate aggressively on behalf of the estate to secure a fair settlement.
- Representing You in Court: If a settlement cannot be reached, a skilled trial lawyer will be prepared to advocate for the estate's rights in the courtroom.
The legal process following the death of a loved one can be intricate and emotionally taxing. Having a dedicated legal professional on your side can make a significant difference in the outcome of your case and provide you with peace of mind knowing that your family's legal and financial interests are being protected.
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.