Wrongful Death And Survival Claims
Although death and taxes are inevitable for us all, the loss of life of a loved one is always painful. The premature loss of life as a result of someone else’s negligence is intolerable. In Pennsylvania, two causes of action exist to recover damages for the death of a person caused by the tortuous act of another, wrongful death and survival.
A wrongful death action pursuant to 42 Pa. C.S.A. § 8301 can commence by the survivors for the injury they suffer as a result of the death. Included as elements of damages in a wrongful death action are the expected value of the financial contributions of the decedent and the lost value of the companionship, comfort, society, guidance, solace and protection which the decedent would have contributed to the survivors. Also included are reasonable hospital, medical and funeral expenses and the expense of administration of the estate.
A survival action under 42 Pa. C.S.A. § 8302 is a claim made by the estate of the decedent for losses the estate suffers. The damages recoverable include compensation for the pain and suffering experienced by the deceased from the time of the accident to the time of death, if any, and the value of the decedent’s earnings over his lifetime, less the cost of maintenance, which would have been incurred by the deceased.
Examples of death actions that Kocsis Law Office PC handles include deaths caused by:
- Car, truck, and motorcycle accidents
- Medical malpractice
- Premises liability (falls, animal attacks, etc.)
- Negligent acts
- Reckless acts
- Intentional acts
- Work accidents
Compassionate, Knowledgeable Legal Representation
Death actions not only require a knowledge of injury law but also estate law, including probate and the filing of a Pennsylvania and, at times, a federal inheritance tax return. At Kocsis Law Office PC, attorney J. Wesley Kocsis handles every aspect of your death case from probate to conclusion, whereas many ‘injury only’ law firms will require you to retain an estate attorney at an additional expense to you. Call his office in Athens at 570-882-4160 or send an email for a free consultation to learn more about how to proceed with wrongful death and survival claims.