The Pennsylvania
Wrongful Death Statute permits a cause of action on behalf of a certain class
of surviving relatives who can make claim for the loss of the decedent’s
financial support, earnings, future earning capacity, household services,
comfort, society, affection, companionship, guidance, solace protection and
tutelage. The Pennsylvania Wrongful Death Statute also permits the claim for
medical expenses, funeral expenses and administration necessitated by reason of
the injuries causing the decedent’s death.
The Pennsylvania
Survival Statute is a legal vehicle which preserves the cause of action the
deceased would have had an action been brought during their lifetime. In other words, the Pennsylvania
Survival Statute permits the decedent’s estate to make claim for the decedent’s
conscious pain and suffering suffered during his/her life, as well as the loss
of earnings, earning power and earning capacity.
In presenting
these claims, experienced counsel must understand the complexities of the law
interpreting these statutes to maximize the recovery to the decedent’s
estate. For example, an experienced
attorney must understand the interrelationship between the legal issues
resulting from inflation, productivity over the decedent’s life, the decedent’s
marginal propensity to consume and the tax ramifications of the allocation
between Wrongful Death Statute or Survival Statute recoveries.
Moreover,
experienced counsel must also be aware of structured settlement vehicles which
pour the recoveries into annuities which, if performed correctly, can grow tax
free for the benefit of the survivors. Indeed, when dealing with the decedent’s
children as beneficiaries, prudent counsel will consider structured settlements
which can be geared to not only grow tax free, but systematically release
portions of money at various times over the child’s life.
Ferrara law offices,
P.C. has prosecuted many death claims and has maximized the recovery to decedents.