In Pennsylvania, wrongful death claims compensate a victim’s family for their losses, while survival actions allow the victim’s estate to recover damages the deceased could have claimed if they had lived. Both can be filed together, but they cover different types of damages and beneficiaries.
What Is a Wrongful Death Claim in Pennsylvania?
A wrongful death claim is brought by the personal representative of the deceased person’s estate on behalf of surviving family members.
It seeks compensation for the family’s losses after a loved one’s death caused by another’s negligence, such as:
- Funeral and burial expenses
- Lost financial support
- Loss of companionship, comfort, and guidance
- Loss of household services
Only certain family members can benefit from a wrongful death claim in Pennsylvania:
- Spouse
- Children
- Parents
What Is a Survival Action in Pennsylvania?
A survival action is different. It allows the deceased person’s estate to step into their shoes and recover damages they could have claimed had they survived.
That means compensation for:
- Medical bills from before death
- Lost wages and lost earning capacity (before death)
- Pain and suffering experienced by the victim before passing
The money recovered goes into the deceased’s estate and is distributed according to their will or Pennsylvania’s inheritance laws.
Key Differences Between Wrongful Death and Survival Actions
| Factor | Wrongful Death Claim | Survival Action |
| Purpose | Compensates family members for their losses | Compensates the estate for the victim’s losses |
| Damages | Funeral costs, lost support, companionship | Medical bills, lost wages, pain & suffering |
| Beneficiaries | Spouse, children, parents | Estate beneficiaries (heirs named in will or PA intestacy law) |
| Filed By | Personal representative of the estate | Personal representative of the estate |
| Focus | Family’s financial & emotional harm | Decedent’s suffering and financial loss before death |
Can Both Claims Be Filed Together?
Yes. In many Pennsylvania cases, attorneys file both wrongful death and survival actions to ensure the family and the estate are fully compensated.
For example:
- A wrongful death claim may cover a spouse’s loss of financial support.
- A survival action may cover the deceased’s medical bills and the pain they endured before passing.
Why These Claims Matter in Philadelphia and PA
With heavy traffic on I-95, workplace hazards, medical malpractice risks, and nursing home negligence, Pennsylvania families sadly face situations where these claims arise. Understanding the distinction ensures families don’t leave compensation on the table.
FAQs: Wrongful Death vs. Survival Actions in PA
Q: Who can file these claims?
The personal representative (executor or administrator) of the estate files both.
Q: Is there a deadline?
Yes. Both wrongful death and survival actions must be filed within two years of the date of death.
Q: Can siblings or extended family benefit?
Not directly in wrongful death claims — only spouse, children, or parents. But siblings or other heirs may receive money from a survival action if they inherit through the estate.
Q: Do damages get taxed?
Generally, wrongful death damages are not taxable, but survival action recoveries may be subject to estate tax.
Q: Do insurance companies fight these cases?
Yes. They may argue about who is entitled to damages, making legal representation essential.
Call Jensen Bagnato Today
If you lost a loved one in Philadelphia or anywhere in Pennsylvania due to negligence, you may have both a wrongful death and a survival claim. These cases are complex, but you don’t have to face them alone.
Contact Jensen Bagnato, P.C. for a free consultation. Our compassionate team has decades of experience helping families pursue justice and financial recovery after devastating losses.