Losing someone you love is devastating. Whether their death was from an accident, medical error, or another act of negligence, the grief is often compounded by the knowledge that they suffered before they passed. Many families quietly wonder if what their loved one went through before ultimately passing away matters under the law.
At Freeburn Law, our wrongful death lawyers help families across Pennsylvania recover compensation after their loved one passes away from a fatal injury. We regularly guide clients through both wrongful death claims and survivorship action cases. Contact us today at (717) 777-7777 to discuss your next steps.
What Is a Survivorship Action?
A survivorship action, sometimes called a survival action, is a lawsuit brought on behalf of the deceased person’s estate. It is based on the principle that a personal injury claim does not disappear simply because the injured person has passed away.
If your loved one would have had the right to file a personal injury lawsuit had they survived, that claim becomes part of their estate. The estate can then pursue compensation for the harm your loved one personally experienced before they passed. This type of claim focuses on the losses suffered by the deceased between the time of injury and the time of death, not the losses suffered by surviving family members.
How a Survivorship Action Is Different From Wrongful Death
Although they arise from the same incident, wrongful death and survivorship action serve different purposes.
A wrongful death claim seeks compensation for the losses suffered by surviving family members, such as lost financial support and loss of companionship. Whereas, a survivorship action seeks compensation for what the deceased experienced before death. This may include compensation for pain and suffering before death, medical bills before death, and lost wages before death.
Why Both Claims Often Apply
In many fatal injury cases, both claims are filed together.
For example, if someone suffered severe injuries in a crash and lived for several weeks before passing away, the estate may pursue a survivorship action for the medical treatment, physical pain, and lost income during that period. At the same time, the spouse or children may pursue a wrongful death claim for their own financial and emotional losses.
An experienced wrongful death lawyer can evaluate whether both claims should be brought and how they interact in your specific case.
What Damages Can Be Recovered in a Survivorship Action
The purpose of a survivorship action is to recover the damages your loved one personally sustained between the injury and their passing. Common survivorship action damages include the following.
Pain and Suffering Before Death
If your loved one was conscious and experienced physical pain, emotional distress, or fear, those damages may be recoverable. Even if the time between injury and death was relatively short, the law may still recognize that suffering.
When a fatal incident follows a catastrophic injury or other life-altering injuries, the financial and personal losses during that period can be significant. Medical records, expert testimony, and witness accounts are often used to establish what the person endured.
Medical Bills Related to the Injury
Medical bills before death are usually substantial in serious injury cases. Emergency transport, surgeries, hospitalization, medications, and rehabilitation may all be included. These expenses are part of the estate’s claim and may be recovered through a survivorship action.
Lost Income Before Passing
If your loved one survived for a period of time but was unable to work due to their injuries, lost wages before death can also be included. In some cases, the claim may account for the loss of earning capacity during the time between injury and death.
Who Files a Survivorship Action in Pennsylvania?
A survivorship action is filed by the personal representative of the deceased person’s estate. This is often the executor named in a will or a close family member appointed by the court.
If no estate has been formally opened, one may need to be established before the lawsuit can proceed. The claim is then brought in the name of the estate. Although the estate files the lawsuit, any recovery is distributed according to the will or, if there is no will, according to Pennsylvania’s intestacy laws.
How the Claim Is Handled Through the Estate
Because a survivorship action becomes an asset of the estate, it is handled through the probate process. This typically involves:
- Filing the lawsuit on behalf of the estate
- Collecting any settlement or verdict into the estate
- Addressing valid debts or liens
- Distributing the remaining funds to beneficiaries
The interaction between estate administration and litigation can raise technical legal issues. Working with Freeburn Law allows you time to grieve, knowing that we are making sure deadlines are met and filings are handled properly on your family’s behalf.
When Survivorship Actions Matter Most
While survivorship actions can apply in many situations, they are especially important when there is a meaningful period of time between injury and death.
Catastrophic Injuries and Delayed Death
In cases involving catastrophic injury, a person may survive for weeks, months, or even longer before passing away. During that time, they may undergo multiple procedures, experience severe pain, and endure emotional distress.
When death is delayed, the survivorship action damages can be substantial because they reflect real and measurable suffering and financial loss.
Freeburn Law represents families throughout Pennsylvania, including those seeking guidance after fatal accidents in York and other surrounding communities.
Why These Claims Are Often Disputed by Insurance
Insurance companies frequently challenge survivorship action claims in Pennsylvania. Because the injured person is no longer alive to testify, insurers may argue that:
- The deceased did not consciously experience pain
- The medical treatment was unrelated to the alleged negligence
- The period between injury and death was too brief to justify significant damages
These arguments can be deeply upsetting for families who witnessed their loved one’s suffering.
Building a strong case often requires detailed medical evidence, expert testimony, and careful documentation of the timeline between injury and death. Addressing these issues early can strengthen the claim and reduce unnecessary disputes.
Talk to a Lawyer About a Survivorship Action
If your loved one suffered physically, emotionally, or financially before passing away, it is reasonable to want clarity about your options. Survivorship actions exist specifically to recognize what your loved one went through and to allow the estate to seek accountability on their behalf.
At Freeburn Law, we approach these cases with compassion and careful attention to detail. We take the time to explain how survival action claims work, how they differ from wrongful death claims, and what damages may be available in your situation.
When you work with our team, we can help by:
- Carefully reviewing medical records, accident reports, and timelines to determine the full scope of survivorship action damages.
- Identifying and documenting pain and suffering before death through medical evidence and witness testimony.
- Calculating medical bills before death and lost wages before death to ensure no financial losses are overlooked.
- Coordinating with the estate’s personal representative to properly file and manage the estate injury claim.
- Filing both a survivorship action and wrongful death claim when appropriate, ensuring each claim is structured correctly.
- Handling negotiations with insurance companies that attempt to minimize or dispute the suffering your loved one endured.
- Preparing the case for trial if a fair settlement is not offered.
Our goal is to protect your family’s rights while acknowledging what your loved one went through. By building a thorough and well-documented claim, we work to ensure their suffering is recognized and that accountability is pursued under Pennsylvania law.
If you would like to discuss your family’s circumstances, contact us at (717) 777-7777 to schedule your free, confidential consultation. You do not have to make decisions immediately but understanding how a survivorship action works can help you determine the next step for your family and ensure that what your loved one endured is not overlooked.
