Wrongful Death vs. Survival Actions in Pennsylvania
December 19, 2025 | Wrongful death
When a loved one dies because of someone else’s negligence, families in Pennsylvania are often faced with complex legal questions during an already painful time. One of the most common points of confusion involves wrongful death vs. survival actions in Pennsylvania.
While these claims are often discussed together, they are not the same. Each serves a different legal purpose and compensates for different losses. Understanding how they work can help families protect their rights and pursue the full compensation allowed under Pennsylvania law.
Understanding Wrongful Death Claims in Pennsylvania
A wrongful death claim is intended to compensate surviving family members for the losses they personally suffer after a loved one’s death. This type of claim focuses on how the death impacts the people left behind rather than the harm suffered by the deceased.
In Pennsylvania, a wrongful death action may be brought by the personal representative of the estate. If the personal representative does not file the claim within six months, certain family members, including a spouse, children, or parents of the deceased, may bring it on their behalf.
Damages in a wrongful death claim may include financial and emotional losses suffered by surviving family members and often include:
- Funeral and burial expenses
- Loss of financial support that the deceased would have provided
- Loss of services, care, and guidance
- Loss of companionship and society
The goal of a wrongful death claim is to help surviving family members recover from the economic and personal impact of the loss.
What Is a Survival Action in Pennsylvania?
A survival action is different in both purpose and structure. Instead of focusing on the family’s losses, a survival action preserves the legal claims the deceased person could have brought if they had lived. In other words, the claim “survives” the person’s death and becomes part of their estate.
A survival action is brought by the personal representative of the estate. Any compensation recovered becomes part of the estate and is distributed according to the terms of the will or Pennsylvania intestacy laws.
Damages in a survival action may include:
- Pain and suffering experienced before death
- Medical expenses related to the final injury or illness
- Lost wages from the time of injury until death
- Other damages the deceased could have recovered personally
This type of claim reflects what the deceased endured between the injury and their death, even if that time period was short.
Key Differences Between Wrongful Death and Survival Actions
Although wrongful death and survival actions often arise from the same incident, they are legally distinct. Understanding the differences is essential when pursuing claims in Pennsylvania.
Some of the main distinctions include:
- Who is compensated: Wrongful death compensates surviving family members, while survival actions compensate the estate
- Type of losses: Wrongful death focuses on family losses, while survival actions focus on the deceased person’s losses
- Who files the claim: Wrongful death is typically filed by family members, while the estate’s representative files survival actions
- Where the money goes: Wrongful death proceeds go directly to eligible family members (distributed like intestate shares and not subject to the decedent’s creditors). Survival proceeds go to the estate and are subject to creditors, then distributed per the will or intestacy.
Because the claims address different harms, they are often filed together when appropriate.
Can You Bring Both Claims at the Same Time?
Yes. In many Pennsylvania cases, a wrongful death claim and a survival action are filed together. Doing so allows families and estates to seek compensation for the full scope of losses caused by the death.
Filing both claims does not mean double recovery for the same damages. Each claim covers separate categories of loss, and courts carefully distinguish between them. When handled correctly, pursuing both claims can ensure that no available compensation is overlooked.
Why Timing Matters in Pennsylvania Death Claims
Pennsylvania law imposes strict deadlines for filing both wrongful death and survival actions. In most cases, these claims must be filed within two years of the date of death. Missing the deadline can permanently bar recovery, regardless of the strength of the case.
Acting early also helps preserve evidence, medical records, and witness testimony. These details are often critical when proving liability and damages.
Contact the Carlisle Wrongful Death Attorneys at Marzzacco Niven & Associates for Help Today
The distinction between wrongful death vs. survival actions in Pennsylvania is not just technical. Each claim addresses different harms and benefits different parties. Wrongful death claims focus on how the loss affects surviving family members, while survival actions focus on the losses suffered by the deceased before death.
If you’re seeking compensation after the death of a loved one in Carlisle, PA, Marzzacco Niven & Associates is here to help. Our Carlisle wrongful death lawyers will explain your legal rights and options. Contact us today for a free consultation:
Marzzacco Niven & Associates Harrisburg
945 East Park Drive, Suite 103 Harrisburg, PA 17111
(717) 231-1640
Marzzacco Niven & Associates York
2550 Kingston Road, Suite 210A York, PA 17401
(717) 995-8998
Marzzacco Niven & Associates Wyomissing
833 N. Park Road, Suite 103, Room A Wyomissing, PA 19610
(717) 388-2325
Marzzacco Niven & Associates Chambersburg
79 St. Paul Drive, Suite 1 Chambersburg, PA 17201
(717) 388-2378
Marzzacco Niven & Associates Carlisle
354 Alexander Springs Road Carlisle, PA 17015
(717) 995-8732
Marzzacco Niven & Associates Carbondale
30 Lincoln Avenue, Suite 101 Carbondale, PA 18407
(717) 995-8810
Marzzacco Niven & Associates Lancaster
2173 Embassy Drive, Ste 123, Lancaster Pa 17603
(717) 616-2954
Marzzacco Niven & Associates Lebanon
937 Willow Street, Suite D Lebanon, PA 17042-1140
(717) 995-8963