A wrongful death claim is a lawsuit brought against a party whose negligence, recklessness, or intentional conduct caused the death of another person. These claims are filed by the estate of the deceased on behalf of surviving family members.

Who Can File

In Pennsylvania, the personal representative of the deceased's estate files the wrongful death action on behalf of the surviving spouse, children, or parents. In New Jersey, the executor or administrator of the estate files the claim.

Types of Damages

Wrongful death damages may include funeral and burial costs, loss of the deceased's expected earnings and benefits, loss of companionship, guidance, and consortium, medical expenses incurred before death, and the pain and suffering endured by the deceased prior to death.

Survival Action

A survival action is a related but separate claim that allows the estate to recover damages that the deceased could have pursued had they survived, such as pain and suffering, medical expenses, and lost wages from the time of injury to the time of death.