There are distinct types of damages that are deemed recoverable under a wrongful death claim. These damages include economic loss to the descendant’s family as well as the loss of services, society, and comfort that the descendant would have provided or contributed had he or she lived. Pennsylvania case law has extended wrongful death damages to include the emotional and psychological loss that a family suffers as a result of the individual’s passing. 

In Rettger v. UPMC Shadyside, 991 A.2d 915 (Pa.Super. 2010), the Superior Court of Pennsylvania held that the term “services” was extended to mean the “profound emotional and psychological loss suffered” upon the death of the individual. This is helpful in the instance of a parent bringing a wrongful death action on behalf of their deceased minor where there may be a smaller loss of compensable services.

Differing from a wrongful death action, the decedent’s estate is the beneficiary of any damages recovered. Damages that are recoverable under a survival action may include a decedent’s pain and suffering, medical bills, and past and future wage loss. Any money recovered under a survival action must pass through the estate through the probate process. In the case there is no will, the funds would pass through intestacy law.  Further, any proceeds are subject to taxes and can also be used to satisfy any outstanding claim of estate creditors, unlike a wrongful death action.