After a fatal accident, families are often introduced to legal terms they have never heard before. Two of the most common phrases are wrongful death and survival action. These terms are frequently used together, which can make the process even more confusing, especially during a time of grief.
At Freeburn Law, our wrongful death lawyers help families understand what these claims mean, how they differ, and what options are available. We handle the legal process so you can focus on your family, your healing, and your next steps. This is not just a legal issue. It is a personal loss that affects your daily life, your finances, and your future plans. We take the time to listen, explain your options, and support you through every step of the process. Contact Freeburn Law today to speak with one of our attorneys.
Why These Two Claims Come Up After a Fatal Accident
When someone passes away because of negligence in Pennsylvania, their death falls under personal injury law which recognizes two different types of harm. Pennsylvania separates these losses into two legal claims instead of combining everything into one case.
First, the person who died suffered injury and loss before passing.
Second, the surviving family members suffer loss because their loved one is gone.
That is why families often hear about both wrongful death claims and survival actions after a fatal accident. Each claim serves a different purpose, and together they help provide a complete picture of what was lost.
What Is a Wrongful Death Claim?
A wrongful death claim focuses on the losses suffered by surviving family members after a loved one passes away due to someone else’s negligence. The goal of this claim is to address how the death has affected the family financially and emotionally.
Wrongful death claims are commonly brought after fatal car crashes, workplace accidents, medical errors, and other preventable incidents. A wrongful death claim may seek compensation for:
- Funeral and burial expenses
- Medical bills related to the final injury or illness
- Loss of income and financial support
- Loss of household services
- Loss of companionship, comfort, and guidance
These damages are intended to help families maintain financial stability and acknowledge the personal loss caused by the death.
What Is a Survival Action?
A survival action is different because it is based on the harm suffered by the deceased person, not the surviving family members. This type of claim allows the deceased person’s estate to pursue compensation for what the individual experienced between the time of injury and the time of death.
In simple terms, a survival action is the claim the person could have brought if they had survived. A survival action may include compensation for:
- Pain and suffering experienced before death
- Lost wages between the injury and death
- Medical expenses incurred before death
Any recovery from a survival action becomes part of the estate and is distributed according to Pennsylvania law or the deceased person’s will.
Simple Examples to Understand the Difference
The distinction between wrongful death and survival action can feel abstract. Examples often make it clearer to understand.
Medical Bills, Pain Before Death, and Family Losses
Imagine a person is seriously injured in a car accident and survives for several weeks before passing away. In this incident:
- The pain, suffering, lost wages, and medical bills during those weeks may be part of a survival action.
- The funeral costs, loss of income to the household, and emotional loss suffered by the family may be part of a wrongful death claim.
Although both claims arise from the same accident, they address different aspects of the harm and legal rights.
Can Both Claims Be Filed Together?
Yes. In many Pennsylvania cases, wrongful death and survival actions are filed together. This is common when the person lived for any period of time after the injury, even if that period was brief.
Why Many Pennsylvania Cases Involve Both
Filing both claims allows the legal process to account for the full impact of the fatal accident. One claim focuses on the deceased person’s experience, and the other focuses on the family’s loss. When only one claim is pursued, important categories of compensation may be left unaddressed.
An experienced lawyer can determine whether one or both claims apply based on the facts of the case.
Who Can File a Wrongful Death or Survival Action?
A wrongful death claim is typically filed by the personal representative of the estate on behalf of eligible family members. Those family members often include a surviving spouse, children, or parents.
A survival action is also filed by the personal representative of the estate, because it belongs to the estate itself rather than directly to family members.
Because timing and authority matter, families often benefit from legal guidance early in the process. Our firm works with families across Pennsylvania, including those seeking help from Harrisburg, Pittsburgh, Lancaster, and more.
Why Understanding the Difference Matters for Compensation
Understanding the difference between wrongful death vs survival action is important because each claim covers different types of losses. When families are not aware of this distinction, they may assume certain damages are not recoverable or may accept settlements that do not reflect the full scope of harm.
Insurance companies are aware of this confusion and may take advantage of it by focusing on one claim while minimizing the other. Knowing that both claims may apply helps families ask better questions and make more informed decisions.
Talk to a Lawyer About Your Family’s Options
At Freeburn Law, we take the time to explain these concepts in clear, plain language. We represent families in Harrisburg, Lancaster and throughout Pennsylvania and help them understand their options without pressure or confusion. We also know that families are often dealing with urgent financial concerns, unanswered questions, and emotional trauma at the same time.
When you work with us, we can help by:
- Reviewing the circumstances of the death and identifying what claims may apply
- Explaining the difference between wrongful death and survival action in plain language
- Handling all communication with insurance companies and opposing parties
- Gathering medical records, accident reports, and other necessary evidence
- Working with experts to document damages, including lost income and pain and suffering
- Filing claims and meeting Pennsylvania deadlines to protect your rights
If your family has lost a loved one, you do not need to sort through these legal distinctions on your own. A lawyer can explain how wrongful death and survival actions apply to your situation and handle the legal process while you focus on your family. Contact us today at (717) 777-7777 to schedule your free consultation and get the help you need.
