Lehigh Valley: 610-435-7400

Philadelphia: 215-567-6616

What Damages Are Available in a Wrongful Death Action?

Wrongful-Death Action

When your loved one dies because of the carelessness or wrongful act of another person, you have a right to seek compensation for your losses in a wrongful death action. This blog looks at the types of damages you can pursue in such a legal action.

Under Pennsylvania law, a wrongful death action may only be brought by the personal representative of the decedent’s estate. In a wrongful death claim, the personal representative acts on behalf of the deceased’s surviving family members. In a wrongful death action in Pennsylvania, the court may award a wide range of damages, including:

  • Compensation for the loss of the support the decedent would have provided to the family
  • Compensation for the loss of any services the deceased would have provided to the survivors
  • The cost of any unpaid or unreimbursed medical expenses
  • All reasonable and necessary funeral and burial expenses
  • The loss of guidance, comfort, support and companionship from the deceased

There is, however, another type of lawsuit, known as a “survival” action, that that can also be brought by the personal representative. The survival action is essentially a personal injury action, filed on behalf of the decedent, by the survivors. In the survival action, the jury will look at any pain and suffering incurred by the deceased as a result of the accident, but before death, and will grant an award that compensates the estate for this injury.

Contact Metzger & Kleiner

At Metzger & Kleiner, we offer a free initial consultation to every client. For an appointment, contact our office online or call us at 215-567-6616 in Philadelphia, 610-435-7400 in the Lehigh Valley, or toll free at 866-847-4170.

We take all wrongful death claims on a contingency basis. We will only bill you attorney fees if we recover compensation for your losses.

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