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Survival Action

Whereas a wrongful death claim seeks financial losses a victim’s spouse, children, or parents incur as a result of his or her death, a survival action is essentially the lawsuit that the deceased would have filed against the negligent party had he or she survived his or her injuries. Survival actions generally seek such damages as:

  • Loss of Retirement Income
  • Lost Wages
  • Lost Earning Capacity
  • Medical Expenses
  • Pain and Suffering
  • Personal Maintenance Costs / Living Expenses

The survival action is typically filed by the deceased’s personal representative for the benefit of the victim’s estate. Any damages awarded in these actions are distributed according to the will of the deceased or the intestate succession laws listed in Chapter 21 of Title 20 of the Pennsylvania Consolidated Statutes if the victim did not have a will.

When another party inflicts physical harm, drives recklessly, manufactures a dangerous product, or commits some other action that causes another person’s death, that party can be considered negligent. This would make the responsible party liable to the family of the deceased for the financial harm they suffered.

In many cases, the individual, business, or other entity that is considered negligent in a person’s death will have an insurance company protecting their interest in these legal matters. Insurance companies will frequently attempt to get the family members of victims to accept settlements before they have any legal representation, but these agreements are usually much less than what families are entitled to and signing them will prohibit any future legal action when that money disappears. In some cases, insurance companies may attempt to deny any liability by blaming another party—possibly even the victim—for a fatal accident.

Survival actions and wrongful death claims may be sought in the same lawsuit, and this can complicate how financial awards are distributed. This can be an especially confusing and grueling process, but the Chester County survival action attorneys at Ciccarelli Law Offices work as a team to answer every question that clients have and we fight to obtain the compensation that victims’ families need and deserve.

Our firm provides legal services on a contingency fee basis so clients pay nothing unless we get them monetary damages, and our survival action lawyers will review your case during a free, no obligation consultation when you call (610) 719-3190 today. We have offices in West Chester, King of Prussia, Lancaster, Malvern, Plymouth Square, Philadelphia, Radnor, and Kennett Square.