Wrongful Death vs. Survival Actions in Pennsylvania: What Families Should Know
When someone dies because of another person's carelessness, Pennsylvania law usually allows two separate claims, not one. A wrongful death claim compensates the family for what they lost. A survival action carries forward the claim the person who died would have had if they had lived.
Families are often told about both at once, at the hardest possible time. This page lays out the difference in plain terms. For an overview of who can file and how, see Wrongful Death Claims in Pennsylvania.
The wrongful death claim: the family's losses
Who it's for: the surviving spouse, children and parents of the person who died.
What it covers: the financial support the person would have provided, the value of the household services they performed, and the loss of their guidance, comfort and companionship. Medical, funeral and estate administration expenses are also included.
Where the money goes: directly to the family members, divided according to their shares under Pennsylvania's inheritance rules, not through the will.
Creditors: wrongful death money generally is not part of the estate, so it is usually protected from the estate's creditors.
The survival action: the person's own claim
Who it's for: the estate of the person who died.
What it covers: the pain and suffering they experienced between the injury and death, their lost earnings before death, and the earnings they would likely have made over their working life, minus their personal living expenses.
Where the money goes: into the estate, and then to heirs under the will, or under intestacy rules if there was no will.
Creditors and taxes: because it is an estate asset, survival money can be reached by estate creditors and may be subject to inheritance tax.
Why the distinction matters
The two claims usually travel together in one lawsuit against the same defendants. But how a settlement or verdict is divided between them can change who receives the money, whether creditors can reach it and how it is taxed. That is why Pennsylvania requires a court to approve the settlement of wrongful death and survival claims, including how the money is allocated between them.
Who files, and when
An estate is opened. The family typically files with the Register of Wills in the county where the person lived to appoint a personal representative (an executor or administrator).
The personal representative brings both claims. If the representative doesn't file the wrongful death claim within six months of the death, a family member who is entitled to recover can generally file it on behalf of everyone who is.
The two-year deadline. Both claims generally must be filed within two years of the date of death. If a government agency may be responsible, a written notice is usually required within six months. Use our Injury Deadline Calculator to see approximate dates.
Investigation and claims. Evidence is gathered, including crash reports, medical records, employment and income records, and in some cases expert analysis.
Settlement or trial, then court approval. Any settlement is presented to the court for approval and allocation before money is distributed.
Common situations in Northeastern Pennsylvania
Fatal claims here most often grow out of highway crashes, especially on I-81 and I-80, truck and work zone collisions, pedestrian accidents, workplace incidents involving someone other than the employer, and nursing home neglect. See Truck Accidents, I-81 Accidents, Work Injuries and Nursing Home Neglect.
Questions families often ask
Do we have to decide right away? No. But evidence fades and deadlines apply, so it helps to understand your options early, even if you aren't ready to act.
What if the person who died was partly at fault? Pennsylvania's comparative negligence rule still applies. Recovery may be reduced, but it isn't automatically barred unless their share of fault was greater than everyone else's. See Comparative Negligence in Pennsylvania.
Will the insurance company contact us? Often, and sometimes quickly. You don't have to give a recorded statement or sign anything before you understand your rights. See Talking to Insurance Adjusters.
Talk it through with someone local. If your family has lost someone in an accident, the attorneys at Joyce, Carmody & Moran can explain your options with care and without pressure. Request a free consultation.
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