What Is Wrongful Death?
A wrongful death claim is a type of lawsuit that can be filed when a person’s death is caused by the negligence or wrongful actions of another party. In Pennsylvania, the family members of the deceased can file this type of claim. The goal of a wrongful death lawsuit is to seek compensation for the financial and emotional loss suffered by the family. This includes things like funeral expenses, loss of income, and the emotional pain of losing a loved one. A wrongful death lawsuit is meant to provide support for the survivors who are left behind. In Pennsylvania, only certain family members can file a wrongful death claim. These typically include the spouse, children, and parents of the deceased. In some cases, other family members who were financially dependent on the deceased may also be able to file a claim.“Highly Recommended” is the epitome of an understatement when it comes to the firm of McDonald At Law!! Michael McDonald’s genuine pleasant, and empathetic demeanor masks his legal astuteness, and the level of aggressiveness he implements in pursuit of a victim’s right and the monetary compensation legally entitled to us. I was involved in a motor vehicle accident at the hands of an intoxicated driver in York County. In my case I suffered what I described as an atypical injury, Mr. McDonald offered to be my Lawyer immediately after explaining to him the events leading to and after being struck in turn causing me to have a heart attack, when another law firm seemed hesitant. McDonald At Law secured a sizable monetary compensation that not only met my expectation but exceeded it. Mr. McDonald’s wealth of experience, and legal prowess is priceless and never did he act as the case was beneath his practice. In the end my family and I were well compensated, but also felt justified. Thank you McDonald At Law!!
- Miguel Lopez
What Is a Survival Action?
A survival action is a separate legal claim that can be filed on behalf of the deceased person’s estate. Unlike a wrongful death claim, which focuses on the losses experienced by the family members, a survival action is focused on the pain and suffering the deceased person went through before their death. This type of claim is meant to hold the responsible party accountable for the harm they caused to the individual before they passed away. In a survival action, damages can include compensation for things like medical bills, pain and suffering, and the emotional distress the deceased person endured prior to their passing. The damages recovered in a survival action go to the estate of the deceased, and then are distributed according to the deceased person’s will or Pennsylvania’s intestacy laws if no will exists.Key Differences Between Wrongful Death and Survival Actions
While both wrongful death claims and survival actions can be filed in the event of a tragic death caused by negligence or intentional harm, they serve different purposes. The main difference between the two is who benefits from the lawsuit. In a wrongful death claim, the focus is on the surviving family members. These family members are seeking compensation for the financial and emotional toll the death has taken on them. They can recover damages such as funeral expenses, loss of income, and loss of companionship.Related Videos
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