Losing a loved one is devastating. Along with grief, families often face sudden financial pressure and unanswered questions about how a tragedy could have happened. When a death is caused by negligence or misconduct, those questions can turn into a need for accountability and for financial stability moving forward.
In the Commonwealth, a single fatal incident can give rise to two distinct legal claims: a Pennsylvania wrongful death claim and a survival action. These claims are often filed together, but they serve different purposes, compensate different people, and cover different types of losses. Understanding the difference can help families make informed decisions and avoid costly missteps.
At Savinis, Kane & Gallucci, LLC, our Pennsylvania mesothelioma lawyers help families in Pittsburgh and across Western Pennsylvania understand how these claims work, whether the loss involves medical malpractice, asbestos exposure and mesothelioma, or another preventable event.
Timing and the Statute of Limitations
One of the most important issues in any death case is timing. In Pennsylvania, many negligence-based injury and death lawsuits are subject to a two-year statute of limitations, but when that two-year period begins can depend on the facts of the case.
In many wrongful death matters, the deadline is measured from the date of death. But for many cases, especially those involving diseases that take years to develop, may require closer analysis. Pennsylvania has a specific limitations rule for injury or death caused by asbestos exposure that is tied to when the person is informed, or reasonably should know, that the injury was caused by asbestos exposure.
Survival claims can also be more complex because they relate to the underlying injury. In typical negligence cases, the clock may start when the injury occurred. In medical professional liability matters, Pennsylvania’s MCARE law includes a rule requiring death and survival actions to be commenced within two years after death, unless there was affirmative misrepresentation or fraudulent concealment of the cause of death.
Because missed deadlines can permanently bar recovery, it is critical to have the timeline reviewed early, before evidence fades and options narrow.
The Pennsylvania Wrongful Death Act: Supporting the Living
A wrongful death claim is designed to compensate certain surviving family members for the losses they suffer because of the death. It is often best understood as a claim “for the living.”
Pennsylvania law generally recognizes eligible beneficiaries as the decedent’s spouse, children, and parents. When a death cuts off a loved one’s support, families do not just lose a relationship. They may lose income, household help, and the emotional structure that person provided.
Wrongful death damages typically focus on the family’s financial loss, including:
- The value of the deceased person’s contributions and support.
- The loss of services the person provided, such as childcare, household maintenance, and guidance.
Pennsylvania also permits recovery for the human losses that come with a fatal injury, including the loss of companionship, comfort, society, and guidance the family will never again experience. In addition, wrongful death damages may include reasonable medical, hospital, nursing, and funeral or burial expenses related to the death.
As a practical matter, wrongful death proceeds are distributed to eligible beneficiaries in the shares they would take under intestacy, and the statute provides that these damages are distributed without liability to the deceased person’s creditors.
The Pennsylvania Survival Act: Upholding the Rights of the Deceased
The survival action works differently. It is the legal mechanism that allows the decedent’s estate to pursue the claim the person could have brought if they had lived. In other words, the lawsuit “survives” the death.
This matters because a negligent party should not benefit simply because the harm resulted in death rather than a serious injury. A survival action is meant to account for what the deceased person endured and lost.
Survival damages commonly include:
- Pain and suffering experienced between injury and death.
- Other losses that would have been available in a personal injury case, depending on the circumstances.
- Lost earning capacity, typically calculated over the person’s expected work life and reduced by personal maintenance expenses.
Because the survival claim belongs to the estate, the recovery is distributed according to the person’s will or Pennsylvania intestacy law. Survival proceeds are also generally treated as estate assets, which means they may be subject to inheritance tax treatment and can be reached by estate creditors, depending on the estate’s circumstances and obligations. Pennsylvania inheritance tax materials also reflect the importance of documenting and allocating wrongful death and survival portions appropriately when a settlement is reached.
Who Receives the Compensation?
One of the clearest differences between these two claims is who benefits from the recovery.
Wrongful Death
Wrongful death compensation is intended for the eligible surviving family members, typically the spouse, children, or parents. If there are no eligible beneficiaries in that class, Pennsylvania still permits the personal representative to bring a more limited death action for certain enumerated expenses, such as medical and funeral costs and related administration expenses. How any recovery is treated for tax purposes can depend on the structure and documentation of a settlement.
Survival
Survival compensation belongs to the estate, meaning it is distributed through the estate plan (a will) or Pennsylvania intestacy rules. These funds may be subject to estate debts and claims before heirs receive their share.
Because these claims address different losses under Pennsylvania law, courts generally seek to avoid awarding compensation twice for the same harm. That is why careful categorization and allocation matter.
Key Differences Between the Two Statutes
Here is a clear way to distinguish the Pennsylvania Survival Act vs. Wrongful Death Act:
Beneficiaries
- Wrongful death: spouse, children, or parents (and in some situations, the personal representative for limited expenses)
- Survival: the estate (distributed through a will or intestacy)
Purpose
- Wrongful death: compensates the family for what they lost
- Survival: compensates for what the deceased person endured and lost
Types of Damages
- Wrongful death: loss of support, services, and companionship, plus certain expenses
- Survival: pain and suffering, lost earning capacity, and other personal injury damages that apply
Creditor and Estate Issues
- Wrongful death: statute provides distribution without liability to the decedent’s creditors
- Survival: generally treated as an estate asset and may be used to satisfy estate debts
Tax Treatment
Allocation matters. In many cases, wrongful death and survival recoveries can be treated differently for inheritance tax purposes, and Pennsylvania materials emphasize documentation when settling and allocating these claims.
Why the Distinction Matters in Asbestos and Medical Malpractice Cases: Insights From Pennsylvania Mesothelioma Lawyers
At Savinis, Kane & Gallucci, LLC, our Pennsylvania mesothelioma lawyers often see these two claims used together in cases involving asbestos exposure and medical malpractice, where a person may suffer for months or longer before passing away.
In mesothelioma cases, for example, a person may endure aggressive treatment, physical decline, and significant pain. The survival claim allows an estate to pursue compensation for that suffering and related losses. At the same time, a wrongful death claim can help protect a spouse and children facing the sudden loss of support and stability. Because asbestos diseases can have long latency periods, families should not assume the filing deadline without a careful case review.
In medical malpractice cases, such as missed diagnoses or surgical mistakes, a person may undergo prolonged hospitalization or a painful decline. A survival claim can address what the person experienced, while a wrongful death claim focuses on what the family lost and the financial consequences that follow.
Applying the Law to Pittsburgh’s Industrial Legacy
For families in Pittsburgh and Western Pennsylvania, these cases often involve more than medical records. Many asbestos-related claims require detailed work histories, jobsite documentation, and product identification. Proving where and how exposure occurred can be just as important as proving the diagnosis itself.
Whether the loss stems from a medical error in a local hospital or decades of industrial exposure at a mill, power plant, or other jobsite, pursuing both claims in the right way can make a meaningful difference in the outcome and in a family’s ability to move forward.
The Role of the Personal Representative
In Pennsylvania, wrongful death and survival actions are typically brought by the deceased person’s personal representative, meaning the executor named in a will or an administrator appointed by the court.
If no wrongful death action is filed within six months after death, Pennsylvania procedure may allow the personal representative or an eligible beneficiary to bring the wrongful death case as a trustee ad litem on behalf of all persons entitled to share in the damages.
This procedural structure matters, especially when families are still organizing the estate, grieving, and trying to understand what comes next. It also affects how settlements are handled, including how amounts are allocated between wrongful death and survival claims. That allocation can be important given the different creditor and estate implications.
Why Professional Legal Guidance Is Essential
These cases are legally technical and fact-intensive. Missteps in filing, proof, valuation of damages, or deadlines can reduce recovery or eliminate it entirely. Families also deserve clarity, not confusion, during an already painful time.
When we take on a case, we manage the heavy lifting by investigating exposure history, reviewing medical issues, working with appropriate professionals to support causation and damages, and building a case that reflects what was lost for both the family and the person who passed away.
Our firm is located in the Koppers Building in Pittsburgh, and we routinely travel across Western Pennsylvania to meet clients at home when needed.
Contact Savinis, Kane & Gallucci, LLC for a Consultation
If you have lost a loved one due to a medical error, asbestos exposure, or another act of negligence, you do not have to face the legal process alone. At Savinis, Kane & Gallucci, LLC, we help families understand the difference between wrongful death and survival claims, explain what may apply to their situation, and pursue accountability through the proper legal channels.
We serve clients in Pittsburgh and throughout Western Pennsylvania. We also handle cases on a contingency fee basis, meaning you pay no legal fees unless we recover compensation.
Contact us today to schedule a free, no-obligation consultation. We will listen to your story, explain your rights under Pennsylvania law, and help you determine the best path forward for your family.
Disclaimer: The articles on this blog are for informational purposes only and are not a substitute for legal advice or an attorney-client relationship. If you need legal advice, please contact our law firm directly.