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Law Offices of Alvin F. de Levie
TALK TO ALVIN TODAY FOR FREE
(215) 696-3900
Law Offices of Alvin F. de Levie
TALK TO ALVIN TODAY FOR FREE
(215) 696-3900

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LAW BLOG

Wrongful Death Attorney Explains Survival Action vs. Wrongful Death

  • By Alvin de Levie
  • 18 Oct, 2017
wrongful-death-survival-action

What is the Difference Between Survival Action and Wrongful Death?


Wrongful death is a type of claim brought against a person or entity who/which wrongfully causes someone's death either accidentally or with prior intention. Accidental deaths could have several causes including automobile accidents and medical malpractice. Even if the person who caused the harm is no longer alive, a lawsuit can be pursued against him or her for wrongful death damages.

Each state has statutes governing wrongful death cases, all of which can be traced back to an act of the United Kingdom Parliament which was established in 1864. The statute of limitations varies from state to state, and there are primarily two types of claims that can be filed:

  • Wrongful death claim to recover the value of life of the deceased (and other expenses), by the family.
  • Survival claim to recover damages for pain, suffering, loss of earning power, etc. , filed on behalf of the deceased or decedent’s estate.


In the state of Pennsylvania, the statute of limitations is two years and either/ both the claims stated above, can be filed on your behalf by your Philadelphia attorney.

Let’s dive in a little deeper at look at both forms of claims:


Wrongful Death Claim


  • According to the Pennsylvania’s Wrongful Death Act, the family of the deceased can sue for material damages suffered by them due to the loss of their family member.

  • The focus is on the pecuniary loss suffered by the family members that covers:

  1. The Economic value of the deceased, to the family including income.
  2. This can include medical expenses.
  3. It can also include funeral expenses.

  • Usually, an expert is required to arrive at the compensation figure.
  • The jury will reference this figure while awarding damages, though the jury does have discretionary powers.
  • Family members of the deceased for example parents, spouse, children are the only ones eligible to sue for wrongful death. In the absence of such family, the right to sue carries forward to the whoever inherits the decedent’s estate.

  • In the absence of a will, each of the immediate family members will receive a share as per the rules of intestate succession.

  • Damages awarded are not subject to estate tax or any claims by creditors against the estate.



Survival Action


  • If the deceased died immediately because of the accident, then the estate/ legal heir/ descendant are entitled to pain and suffering, if that can be proved. Although, they are not eligible for damages for the deceased’s lost earnings.
  • Survival action seeks to recover any of the damages the deceased could have claimed from the person or entity that caused the injury. This is different from a wrongful death claim.

  • Damages are claimed for the decedent’s pain and suffering, loss of earnings due to the injury until death, less personal maintenance expenses, which the victim would have been able to claim had she or he been alive.
  • The representative of the decedent’s estate is eligible to sue for damages. Survival damages belong to the decedent’s estate and can be distributed as per the will of the decedent.

  • Juries have the discretion to award damages under survival action as well.

  • Damages awarded are subject to estate taxes and can be claimed by creditors.


You can also plead a cause of action under a wrongful death case, as well as survival action when applicable. In this scenario, your lawsuit may be awarded a settlement by the jury that compensates you for your financial losses. It also takes into account the suffering undergone by the deceased and factors it in, while awarding the compensation.

When facing an accidental death, it may not be clear on which approach to take for proceeding with civil litigation. Consult with an experienced wrongful death attorney to help guide you through the legal process.


Alvin F. de Levie has been dedicated to representing victims of negligent acts for over 35 years. The attorneys at the Law Offices of Alvin F. de Levie & Associates put their clients first and work diligently to ensure that they receive proper compensation. Please contact our firm at (215)-735-1060 to schedule a consultation.


Alvin F. de Levie is a 1973, Phi Beta Kappa graduate of the Pennsylvania State University and a 1976 graduate of the Villanova University School of Law. He is an expert in Pennsylvania Law revolving around medical malpractice and personal injury. 


Mr. de Levie has consistently been voted by his peers to receive Martindale-Hubbell's "AV Preeminent" 5.0 out of 5.0 rating. An AV Preeminent rating is the highest possible rating in both legal ability and ethical standards. 


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