Wrongful Death vs. Survival Action: Understanding the Legal Differences
Feb. 17, 2026
Losing someone you love because of another person’s carelessness or misconduct can leave you feeling shaken, angry, and overwhelmed all at once. Grief doesn’t follow a schedule, and there’s no guidebook for how you’re supposed to move forward after such a sudden loss.
On top of the emotional pain, families are often faced with medical bills, funeral costs, and unanswered questions about accountability. If you’re in this position, you’re not alone—and you don’t have to carry everything by yourself.
At Richard L. Vanderslice, P.C., we help you learn how claims like wrongful death and survival actions work, what sets them apart, and how they may help your family seek financial recovery. We work with families throughout Philadelphia, Pennsylvania, including clients in Philadelphia County, Montgomery County, and Delaware County, who are trying to make sense of their legal options after a tragic loss. If you’re ready to talk about your situation, reach out to us today to schedule a consultation.
What Is A Wrongful Death Claim?
A wrongful death claim is brought when someone dies because of another party’s negligent, reckless, or intentional act. This type of case is designed to help surviving family members recover compensation for the losses they personally suffer as a result of their loved one’s passing.
Unlike other personal injury claims, a wrongful death case focuses on how the death has affected you and your household. These claims are typically filed by the personal representative of the estate on behalf of eligible family members, such as a spouse, children, or parents.
Common situations that may lead to wrongful death cases include:
Motor vehicle collisions
Truck and commercial vehicle crashes
Medical mistakes
Workplace incidents
Defective products
Unsafe property conditions
The purpose of a wrongful death action is to address the real-life impact of the loss on surviving relatives. It recognizes that when someone is taken too soon, families often face both emotional suffering and financial strain. If you’re wondering whether your situation qualifies as wrongful death, we can walk through the facts with you and explain how Pennsylvania law applies.
What Is A Survival Action?
A survival action is different, even though it often arises from the same incident as a wrongful death claim. Instead of focusing on the family’s losses, a survival action centers on what your loved one experienced before passing away.
Think of it this way: a survival action allows the deceased person’s estate to pursue the personal injury claim your loved one would’ve had if they’d lived. Any compensation recovered becomes part of the estate and is distributed in accordance with a will or Pennsylvania intestacy laws.
A survival action may cover damages such as:
Pain and suffering your loved one endured before death
Medical expenses related to the final injury or illness
Lost wages between the incident and passing
While a wrongful death claim looks at how the loss affects you, a survival action looks backward at the harm done directly to your loved one. These two claims are often filed together, but they remain legally distinct. Each serves a different purpose and measures damages differently.
Key Differences Between Wrongful Death And Survival Actions
Although wrongful death and survival actions may stem from the same tragic event, they address separate harms. Knowing how they differ can help you better understand what compensation may be available. Here are the main distinctions families often ask about.
Who the claim is for:
Wrongful death is for surviving family members who’ve suffered losses because of the death.
A survival action is for the estate, standing in the place of your loved one.
What damages are covered:
Wrongful death focuses on family losses like lost financial support and funeral costs.
Survival actions focus on what your loved one went through before passing, such as pain, medical bills, and lost income during that period.
Where the money goes:
Wrongful death compensation is distributed directly to eligible relatives.
Survival action proceeds go into the estate and are then distributed according to estate rules.
Time period considered:
Wrongful death looks forward to how the death affects your future.
Survival actions look at the period between injury and death.
It’s common for families to pursue both claims at the same time. Doing so allows you to address the full scope of harm caused by the incident—from your loved one’s suffering to your family’s ongoing losses. An experienced wrongful death lawyer can review your situation and explain how these claims may work together in your case.
Damages That May Be Available In Each Type Of Case
Every family’s circumstances are different, but both wrongful death and survival actions can provide paths toward financial recovery. Below is a general overview of the types of damages that may apply.
Before getting into specific lists, it’s important to remember that compensation depends on the details of your case, including your relationship to the deceased and the facts surrounding the incident.
Damages Commonly Sought In Wrongful Death Claims
In a wrongful death case, damages are meant to reflect what surviving relatives have lost because of their loved one’s passing. These often include:
Funeral and burial expenses: Reasonable costs tied to laying your loved one to rest.
Loss of financial support: Income and benefits your family depended on.
Loss of services: The value of household contributions your loved one provided.
Loss of companionship and guidance: The emotional and relational impact of losing a spouse, parent, or child.
These damages aim to help families manage the practical and personal consequences of a sudden loss. After reviewing these categories, we usually talk with clients about how their specific losses fit into Pennsylvania law and what documentation may help support their claim.
Damages Commonly Sought In Survival Actions
Survival actions focus on what your loved one endured between injury and death. Possible damages include:
Medical bills: Treatment costs tied to the final injury or illness.
Pain and suffering: Physical and emotional distress your loved one experienced.
Lost earnings: Income your loved one couldn’t earn during that period.
Because these damages belong to the estate, they’re handled differently from wrongful death compensation.
Once we’ve gone through both lists, families often have a clearer picture of why pursuing both claims can matter. Together, they paint a fuller story of what was taken from your loved one and from you.
Moving Forward After A Wrongful Death
At Richard L. Vanderslice, P.C., we take the time to listen to your story, explain your options in plain language, and stand with you as your case moves forward. We’re proud to support families in Philadelphia, Pennsylvania, and throughout Philadelphia County, Montgomery County, and Delaware County during some of life’s hardest moments. If you’ve lost someone due to negligence and want to learn more about your wrongful death rights, reach out to us today.