Pennsylvania Wrongful Death and Survival Actions Checklist is a guide to help individuals and families evaluate their legal options in the case of a wrongful death or survival action in the state of Pennsylvania. A wrongful death action is an action brought by the representative of a deceased person’s estate for the benefit of the deceased’s surviving family members that is based on the wrongful act of another person or entity that caused the death of the deceased. A survival action is a claim that is brought by the representative of the deceased’s estate on behalf of the deceased for pain and suffering, lost wages, and other losses that the deceased endured prior to his or her death. The Pennsylvania Wrongful Death and Survival Actions Checklist helps individuals and families identify the key elements necessary to bring a wrongful death or survival action in the state of Pennsylvania. It covers the various elements of a wrongful death or survival action such as: 1. Statute of Limitations: The time frame for filing a wrongful death or survival action in Pennsylvania. 2. Who Can Bring a Wrongful Death or Survival Action: In Pennsylvania, the personal representative (or administrator) of the deceased’s estate must bring a wrongful death or survival action. 3. Damages Recoverable: Damages that may be recovered in a wrongful death or survival action including compensatory damages, punitive damages, and non-economic damages. 4. Who Can Receive Damages: In Pennsylvania, damages are generally awarded to the surviving spouse, children, and/or parents of the deceased. 5. Statutory Notice Requirements: The requirements for providing notice to defendants in a wrongful death or survival action. 6. Statutory Caps on Damages: The limits on damages imposed by Pennsylvania law. 7. Statutory Exceptions to Liability: Exceptions to liability that may apply in a wrongful death or survival action. 8. Repose Statutes: The time limits for bringing a wrongful death or survival action in Pennsylvania. 9. Statutory Bad Faith Actions: Actions that may be brought by a representative of a deceased’s estate against an insurance company for its bad faith handling of a wrongful death or survival claim. 10. Statutory Presumptions of Negligence: The presumption of negligence that applies in certain circumstances. 11. Statutory Rights to a Jury Trial: The right of a litigant to a jury trial in a wrongful death or survival action. 12. Statutory Bifurcation of Damages: The ability of a litigant to separate compensatory damages from punitive damages when seeking damages in a wrongful death or survival action. 13. Statutory Contribution Among Toreadors: The ability of defendants in a wrongful death or survival action to seek contribution from other defendants. 14. Statutory Choice of Law: The applicable law that governs a wrongful death or survival action in Pennsylvania. 15. Statutory Choice of Forum: The forum in which a wrongful death or survival action is to be heard in Pennsylvania.
Pennsylvania Wrongful Death And Survival Actions Checklist
Description
How to fill out Pennsylvania Wrongful Death And Survival Actions Checklist?
Working with legal documentation requires attention, accuracy, and using well-drafted blanks. US Legal Forms has been helping people nationwide do just that for 25 years, so when you pick your Pennsylvania Wrongful Death And Survival Actions Checklist template from our library, you can be sure it meets federal and state laws.
Dealing with our service is simple and quick. To obtain the required document, all you’ll need is an account with a valid subscription. Here’s a quick guideline for you to obtain your Pennsylvania Wrongful Death And Survival Actions Checklist within minutes:
- Remember to attentively look through the form content and its correspondence with general and law requirements by previewing it or reading its description.
- Search for another formal template if the previously opened one doesn’t match your situation or state regulations (the tab for that is on the top page corner).
- ​Log in to your account and save the Pennsylvania Wrongful Death And Survival Actions Checklist in the format you prefer. If it’s your first experience with our website, click Buy now to proceed.
- Create an account, choose your subscription plan, and pay with your credit card or PayPal account.
- Choose in what format you want to obtain your form and click Download. Print the blank or add it to a professional PDF editor to submit it electronically.
All documents are drafted for multi-usage, like the Pennsylvania Wrongful Death And Survival Actions Checklist you see on this page. If you need them one more time, you can fill them out without re-payment - just open the My Forms tab in your profile and complete your document whenever you need it. Try US Legal Forms and accomplish your business and personal paperwork quickly and in full legal compliance!
Form popularity
FAQ
A survival action is the lawsuit that the deceased person would have been able to bring had he or she lived, while a wrongful death action is a claim for compensation for the harms that the family of the deceased has suffered.
The survival statute, 42 Pa. C.S. § 8302, provides: ?All causes of action or proceedings, real or personal, shall survive the death of the plaintiff or the defendant, or the death of one or more joint plaintiffs or defendants.?
Damages recoverable under a survival action may include things like the decedent's pain and suffering, medical bills, and past and future wage loss.
A survival action is the lawsuit that the deceased person would have been able to bring had he or she lived, while a wrongful death action is a claim for compensation for the harms that the family of the deceased has suffered.
A wrongful death lawsuit is brought on behalf of the spouse, parents or children. In contrast, a survival action is brought on behalf of the deceased person by the personal representative of the estate. The second difference is between the two types of claims is the type of damages that are recoverable.
The statute provides that an action may be brought to recover damages for the death of an individual caused by the wrongful act or negligence of another so long as no claims were obtained by the injured individual during his or her lifetime.
Pennsylvania survival statute states in its entirety: All causes of action or proceedings, real or personal, shall survive the death of the plaintiff or of the defendant, or the death of one or more joint plaintiffs or defendants.
Damages in survival actions are paid directly to the deceased individual's estate, which is then paid out to his or her beneficiaries through an executor when the estate is settled.