Two types of civil claims may arise when someone passes away prematurely due to another person’s negligent or intentional misconduct. While you may have heard of a wrongful death action before, you may not be as familiar with survival actions. These can be equally important in the recovery process following a fatal accident or criminal act.
Survival actions work similarly to wrongful death actions in some ways and very differently in others. Understanding those differences in pursuit of fair financial restitution can be challenging without help from a compassionate wrongful death attorney.
Fortunately, a capable Philadelphia survival actions lawyer could provide the assistance you and your family may need. Our legal team at Marrone Law Firm, LLC, has a track record of getting good results from similar claims in the past. Call today to schedule your confidential consultation.
Like wrongful death actions, the only person with legal standing to file a survival action in Pennsylvania is the personal representative, sometimes called the executor or administrator, for the deceased person’s estate. The exact two-year filing period set by the “statute of limitations” for personal injury claims also applies. However, the starting point is usually the date of the decedent’s initial injury rather than their death.
The most significant difference between these two types of claims is who is explicitly meant to recover for them. In Pennsylvania, wrongful death actions are meant to allow surviving family members to seek financial compensation for their losses due to a loved one’s death. A Philadelphia attorney could explain the unique components of a survival action in more detail during an initial meeting.
The purpose of a survival action is to recover for losses sustained by the decedent between when they were initially injured through someone else’s misconduct and when they ultimately passed away.
This means it is sometimes possible to obtain compensation through a survival action for losses a deceased person suffered before the incident, which caused their premature death. However, this only applies if the decedent had not yet filed suit over that previous accident before they died. A comprehensive survival action can incorporate both economic and non-economic forms of harm, such as:
Compensation for damages through a successful survival action would be transferred to the decedent’s estate. Then, it would be used to settle the decedent’s outstanding debts and obligations.
Lastly, it would be distributed to eligible beneficiaries per the decedent’s will or the laws of intestate succession. A survival actions lawyer in Philadelphia could help their client identify which forms of compensation they are owed following the death of a loved one.
It is important to pursue both a wrongful death action and a survival action after suddenly losing a family member through another person’s actions. Handling this type of litigation on your own is far from easy, nor is it necessary.
A Philadelphia survival actions lawyer could help your family obtain the compensation you deserve for your losses. Meet with a reliable personal injury attorney at Marrone Law Firm, LLC today.