Survival action in Pennsylvania law allows for a personal representative of the deceased’s estate to recover damages the decedent would have gained had they otherwise survived. This can include the following:
Pain and suffering resulted from the negligent party’s actions.
Net earnings that a person would have made in their lifetime, had they not died. This includes the total expected gross income as well as fringe benefits a person would have earned from their date of death to the end of their life expectancy.
This amount will be deducted from the amount the decedent would have given to their family during their lifetime (already awarded to in the wrongful death claim) as well as the amount the decedent would have spent on their personal maintenance during their lifetime (food, shelter, clothing, etc.).
This act also allows for the recovery of mental and physical pain and suffering damages the loved one endured from the moment of their injury to the moment they died as a result of the negligent actions of the other party. Speak to a Philadelphia wrongful death attorney to learn more.