Losing a loved one due to the careless actions of another is devastating. Whether the loss is caused by a motor vehicle accident, a medical error, a defective product, or an unsafe premises, the family of the deceased may be entitled to compensation under Pennsylvania’s Wrongful Death Act and Survival Act. These laws allow surviving family members to seek specific damages for their loss, helping to provide financial support during an emotionally challenging time.
Wrongful Death Act Damages
Under the Wrongful Death Act, the deceased’s family can recover a variety of damages. These include:
- Medical expenses incurred due to the injury
- Funeral and burial costs
- Estate administration expenses
- Loss of future earnings the decedent would have provided if they had lived
- Loss of services, companionship, and comfort provided by the deceased
The loss of services goes beyond everyday tasks and household chores. It also includes the profound emotional and psychological loss suffered by the surviving spouse, children, or parents. This includes the value of companionship, guidance, and emotional support that the decedent would have provided throughout their lifetime.
Survival Act Damages
The Survival Act addresses damages suffered by the deceased between the time of injury and their passing. These damages become part of the deceased’s estate and include:
- Conscious pain and suffering experienced by the decedent before death
- Loss of earnings from the time of injury to death
Survival Act damages are distributed to the estate’s beneficiaries as per the deceased’s will. If there is no will, the intestacy laws of Pennsylvania determine how these damages are allocated among the family.
Who Receives Compensation?
- Wrongful Death Act damages are distributed to the decedent’s family, regardless of whether there is a will, according to intestacy laws.
- Survival Act damages, on the other hand, are distributed according to the decedent’s will. If no will exists, intestacy laws will also apply in this situation.
Why These Laws Matter
Wrongful death and survival claims are essential in providing financial compensation to families who have lost a loved one due to negligence. While no amount of money can replace the emotional and psychological loss, the compensation helps ease the financial burden caused by medical bills, lost income, and other expenses that arise after such a tragedy. These laws also send a message to negligent parties, holding them accountable for their actions.
Contact Baratta Law for Compassionate Guidance
At Baratta Law, we understand the emotional toll that comes with losing a loved one. Our experienced team will work with you to pursue the wrongful death and survival act damages you and your family deserve. We are committed to holding the responsible parties accountable and ensuring that your rights are protected throughout this difficult process.
