PA Wrongful Death Statute v. PA Survival Statute

The Pennsylvania wrongful death statute allows only a decedent’s spouse, children, parent, or personal representative to recover damages for the death of the Decedent caused by the wrongful act, neglect, or unlawful violence of another. In addition to other damages, the statute entitles a plaintiff to recover damages for reasonable hospital, nursing, medical, and funeral expenses, as well as certain expenses of estate administration, necessitated by reason of injuries causing death. The statute provides for the wrongful death damages to be distributed to the beneficiaries in proportion they would take the personal estate of the decedent in case of intestacy and without liability to the Decedent’s creditors.

Conversely, survival actions are brought by the administrator or personal representative of the Estate to benefit the Decedent’s Estate. Survival actions are designed to compensate the beneficiaries of the Decedent’s Estate for the personal claims of the Decedent. Under the Pennsylvania survivor statute, any causes of action or proceedings survive the death of the Decedent. A decedent may recover damages for pain and suffering, loss of gross earning power from the date of the injury until death, and loss of earning power, less personal maintenance expenses form the time of the death through decedent’s estimated working life span.

Saile & Saile LLP has experience with death cases and the experience of how to deal with the administration of the Estate.

Michael L. Saile, Jr.
Car Accident Attorney in Bucks County Pennsylvania
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