Pennsylvania wrongful death actions
The following wrongful death information is based on Pennsylvania law. It is best to consult an attorney about how wrongful death actions are handled in your state or the state in which the injury occurred.
In most cases, the deceased’s spouse, children, or parents can file a wrongful death action for money lost because of the deceased’s death. In a wrongful death action, the amount of money that can be recovered amounts to the monetary loss suffered by the family members who are now deprived of that part of the decedent's earnings that they would have received if the deceased had lived. These beneficiaries may also recover money damages for hospital, nursing, medical, funeral and estate administration expenses that they had to pay because of the injuries that resulted in the injured person's death.
Survival Action
In a survival action, the deceased's personal representative stands in the place of the victim for purposes of a lawsuit. In other words, when a person is injured by someone else's negligence, the injured person can bring a lawsuit. If the injured person dies, death doesn't take away the cause of action or claim. The cause of action survives the death of the injured person and continues in the personal representative. The survival action simply continues the right to sue and recover money for such things as pain and suffering and lost earnings that the deceased had before he died.
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