Survival Action Cases Philadelphia Pennsylvania
Survival actions are lawsuits filed by the decedent's estate to recover damages. In Pennsylvania, wrongful death and survival actions are often combined in one lawsuit. Damages recoverable in each action, however, differ. Thus, under a survival action, pain and suffering damages are available. The following are examples of survival actions brought in Pennsylvania under the Survival Act.
- The estate of a painter who earned $25.00 per hour and had life expectancy of 45 years and contributed all of his earnings to his family, recovered an award of over $171, 000 in a survival action.
- A widow, the administratrix of her deceased husband's estate, brought an action alleging survival claims for damages arising from the death of her husband in an automobile accident.
- A widow brought a survival action against the manufacturers and suppliers of asbestos products because her husband's death had been caused by an occupational exposure to asbestos fibers and dust during his employment.
- An award of $178,000 was recovered by the decedent's estate in a survival action where the decedent earned $25,000 per year salary, owned 35-acre farm, and was in excellent health.
- Under Pennsylvania Survival Act, plaintiff was entitled to recover for a minor decedent's estate the present worth of the excess of decedent's future earnings over the cost of his maintenance.
- In suit to recover for wrongful death of a ten-year-old boy who fell down an elevator shaft, a jury returned a verdict of $59,000 to the child's estate under the survival action; the minor decedent's estate recovered the present worth of the excess of decedent's future earnings over the cost of his maintenance.
- A husband recovered in a survival action for medical malpractice following his wife's death due to the late diagnosis of breast cancer.
- The estate of the decedent who died two days after he was stabbed on the defendant's premises recovered pain and suffering damages in a survival action brought against a motel and its owners for negligence in serving liquor to the visibly intoxicated decedent.
- The decedent's estate brought a survival action alleging international resort Sandals' negligence rendering decedent quadriplegic and causing his untimely death, recovered $6.5 million. The pain and suffering damages for the decedent's 250 days of pain and suffering as quadriplegic until his death amounted to $1 million.
- A jury awarded $54,000 in a survival action brought by the father of an 8 -year-old decedent. The father had to prove what the decedent's earning power would have been had he lived.
- The administratix of the estate brought a survival action and recovered $50,000 for pecuniary loss resulting from the decedent's injuries, pain, suffering, and loss of life in addition to funeral and administration expenses of $1520. The decedent's estate was entitled to include a claim for loss of earning power during the decedent's normal life expectancy because no wrongful death action was filed, so there was no duplicate recovery.
- A widow of the decedent who died a week after a tuck crash occurring when the truck he was driving collided with a tractor trailer on a major highway, brought a survival action and recovered pain and suffering damages.
- The estate of a decedent, who had been in a persistent vegetative state for 10 months prior to his death, recovered pain and suffering damages and had to present competent opinion testimony that the decedent could in fact experience such pain and suffering.
- A widow, the administratrix of the estate of a workman who sustained fatal burns when downspout he was removing from a building came in contact with his face, brought a survival action and recovered pain and suffering damages.
- A widow, the administratrix of the estate, recovered in a survival action pain and suffering her husband suffered prior to his asbestos-related cancer death.
- Parents of a child who was born prematurely and died, brought a survivor action and recovered pain and suffering damages.
- Parents of minor children brought survival actions against a property owner following death of the children who drowned when they fell through ice on a water-filled hole.
- The estate of the decedent, a child born to an Rh-negative mother, recovered damages from the physicians who cared for the mother and who had a duty to protect the future child against effects of Rh-sensitization.
- Administrator of the deceased child's estate brought a survival action against the provider of foster care services and its officers and employees for wrongful death when the 4 year-old decedent was left alone near an open pool, fell in it and drowned.
- Administrator of the estate of the decedent, who slipped, fell, hit his head on the deck and died aboard a cruise ship, brought a survival action against the company which organized the cruise.
Survival action plaintiffs can recover substantial money damages if pain and suffering and other damages are properly calculated. Often, economic expert testimony is required to calculate damages. An experienced and knowledgeable Pennsylvania personal injury lawyer who works with competent economic experts, will help plaintiffs recover the compensation available under the law. At the Lassen Law Firm, our Pennsylvania survival action attorneys are experts in the field of personal injury, survival and wrongful death. Over the years, we have helped clients recover millions of dollars for their wrongful death and survival actions. Contact the Lassen Law Firm now to see how we can help.
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Authored by: Christian Lassen