Wrongful Death

A wrongful death occurs when the negligent or intentional conduct of an individual or company causes the death of another person. Wrongful death is commonly caused by auto and motorcycle accidents, medical mistakes and workplace accidents but can be brought for any negligent or intentional accident. The purpose of Pennsylvania's Wrongful Death Statute is to compensate the injured person's survivors for the financial losses they have sustained. The lawsuit is brought by the personal representative of the injured person's estate and the recoverable damages consist of:

  • Conscious pain and suffering prior to death
  • Medical bills
  • Loss of financial support for surviving spouse and children
  • Funeral expenses
  • Other compensation for child care, household services, and similar expenses.
  • Loss of society, comfort and care which includes parental guidance, companionship and affection

SURVIVAL ACTION

A Survival Action is similar to a Wrongful Death action and is brought by the personal representative of the injured person's estate and relates to the claims of the injured person rather than those of the heirs. Survival Actions are designed to provide compensation for the personal claims of the injured person. The decedent is entitled to recover damages for:

  • Pain and suffering
  • Loss of lifetime gross earning power, less personal maintenance expenses

The members of Kelly, Parker & Cohen LLP have handled wrongful death claims and survival actions caused by a variety of accidents. Contact us online for a free consultation at (717) 920-2220.