Menu
Click Here To Call Now

Pittsburgh: 412-906-8102

Toll Free: 800-440-5297

How Should the Actions be Pursued?

Wrongful Death and Survival Actions Pleading, Proving and Valuing

By

Wrongful death and survival actions are distinct causes of action that are cumulative and not alterative. The Pennsylvania Rules of Civil Procedure provide that a cause of action for wrongful death and a survival action may be enforced in one action, but if independent actions are commenced they must be consolidated for trial. If an action seeks to enforce only one of the causes of action, the court, on its own motion or the motion of any party, may stay that action until an action is brought to enforce the other cause of action, or until the statute of limitations has run on the other cause of action. The Supreme Court has disapproved of the grant of a new trial as to one of the actions without granting a new trial as to the other action. And if a remittitur is granted in a case involving both a wrongful death and a survival action, the court should designate the amount of the remittitur to each action.

The purpose of the requirement of consolidation is to prevent a duplication of damages, since the damages in the two actions are cumulative and are not to overlap or result in duplication of damages. Where the actions are tried together, the jury must bring in separate verdicts in the wrongful death action and the survival action.

Distribution of the wrongful death proceeds is in accordance with the intestate law. Intestate heirs who were receiving no pecuniary benefit from the decedent may not be entitled to share in the proceeds of a wrongful death action even though they would be entitled to receive a portion of the decedent's estate.

No Comments

Leave a comment
Comment Information
How can We Help?

How Can We Help? Contact Our Office Today At 800-440-5297 Or Fill Out The Form Below.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Rosen Louik & Perry, P.C.
437 Grant Street Suite 200, The Frick Building
Pittsburgh, PA 15219

Phone: 412-281-4200
Fax: 412-281-2997
Pittsburgh Law Office Map

There is NO FEE unless recovery is made.

Rosen Louik Perry, P.C. Pittsburgh
412-906-8102 CaringLawyers.com 1-800-243-5297