Lawsuits filed following a person’s death are generally called ‘wrongful death’ actions. In fact, when someone dies as a result of the carelessness of a doctor or other person, their heirs have two types of claims. One is a ‘survival action,’ which seeks damages personal to the decedent, such as the pain and suffering the victim endured between the time of injury and the time of death. The other is a ‘wrongful death’ claim, which is filed to benefit certain close relatives and to compensate them for the loss of their relative.
Conceptually, a survival action simply substitutes the estate for the decedent to recover the decedent’s losses, while a wrongful death action is generally filed for the benefit of dependents and young children to recover for the loss of guidance, parenting, and services customarily supplied by a parent. Although wrongful death actions are very similar to suits brought on behalf of live victims, there are some important differences and it is important to hire an attorney who knows and understands the procedural rules that apply so that all aspects of the claim may proceed.
At the Law Offices of Judy Greenwood, P.C., we regularly represent the families of victims who have been killed or died as the result of medical malpractice, dangerous properties, auto and bus accidents, nursing errors, and nursing home neglect in Pennsylvania. These cases are often complex and require a prompt and thorough investigation, and numerous experts to analyze what happened and to explain to the court and the jury issues such as what caused the accident, why the victim died, the nature of the victim’s losses, etc.. The laws in each state vary, and determine what types of damages may be recovered.
If you or someone you know has been killed or died because of a medical mistake or another party’s negligence, and you want to discuss your potential case, please Call (215) 557‑7500, or click here to Contact Us, to arrange a Free Consultation. Our experienced medical malpractice and injury lawyers will review what happened, consult with appropriate experts as needed, and let you know what we think.