What Is The Difference Between Survival Action and Wrongful Death In Maryland?

Are you aware of the differences between survival action and wrongful death in the state of Maryland? If not, this article is here to provide you with the essential information.

Survival action and wrongful death are two legal concepts that often come into play in personal injury cases. Understanding these distinctions is important if you find yourself in a situation where you need to pursue a claim. Survival action refers to the legal process of compensating the estate of a deceased individual for the damages they suffered before their passing. On the other hand, wrongful death pertains to seeking compensation for the losses and damages suffered by the surviving family members due to the death of a loved one.

By delving into the key differences between these two legal concepts and exploring the legal processes involved, this article aims to shed light on survival action and wrongful death in Maryland.

What Is a Wrongful Death?

When exploring the laws surrounding wrongful death in the state of Maryland, it becomes apparent that there are distinct legal provisions that govern the compensation and accountability for such cases.

Wrongful death refers to a situation where a person’s death is caused by the negligent or intentional actions of another party. In Maryland, the wrongful death laws aim to provide financial relief to the surviving family members who have suffered a loss due to the death of their loved one. These laws allow the surviving family members to file a lawsuit against the person or entity responsible for the death and seek compensation for damages such as medical expenses, funeral costs, loss of future earnings, and emotional distress.

It’s important to note that wrongful death laws vary by state, and strict timelines known as “statute of limitations” are applied to these claims. in Maryland, you have three years from the time of the accident to file wrongful death lawsuits. Hence, it’s critical to consult with an experienced wrongful death attorney promptly to protect your rights.

What Is a Survival Action?

It is a legal action brought forth after the death of a person who had a pending personal injury claim at the time of their death. Contrary to a wrongful death claim, which is filed on behalf of the survivors for their losses, a survival action claim seeks to recover damages that the deceased could have recovered had they survived.

A survival action claim comes into the picture when the deceased individual did not die instantly as a result of the defendant’s negligent or intentional act but lived for a period of time after the incident. The damages recoverable in a survival action include medical expenses, loss of income, and pain and suffering experienced by the deceased from the time of injury until death.

Like wrongful death claims, survival action claims are subject to laws and statutes of limitations in Maryland. This necessitates prompt consultation with a well-versed Maryland wrongful death attorney to protect your interests and navigate the complexities of the legal process.

What Are the Key Differences Between Wrongful Death vs. Survival Action?

To fully understand the legal implications of a loved one’s passing, you need to know the distinctive aspects of a survival action and how it sets itself apart from a wrongful death claim. While both types of lawsuits arise from the death of an individual, survival actions and wrongful death claims serve different purposes in Maryland law.

Survival actions focus on the damages suffered by the deceased person themselves. For example, if a loved one was involved in a car accident, the hospital bills, property damage, and lost wages that occurred before your loved one’s death could be part of a survival action claim.

Wrongful death claims, however, center around the losses experienced by the surviving family members. This includes burial expenses, emotional distress, and pain and suffering the family is going through at this time.

Understanding these key differences is essential when navigating the legal process after the loss of a loved one.

What Is the Legal Process for Pursuing a Survival Action and Wrongful Death lawsuit?

Pursuing both survival actions and wrongful death claims involves following a specific legal process to recover damages on behalf of the deceased individual, ensuring their rights are upheld even after their passing. In Maryland, the legal process for pursuing a survival action claim begins with filing a complaint in the appropriate court. The complaint should outline the details of the incident that caused the individual’s death and the damages suffered as a result. It is important to gather evidence and witness statements to support the claim.

The defendant will be served with a copy of the complaint and will have an opportunity to respond. Discovery, including depositions and document requests, may take place to gather additional evidence. If the case does not settle, it may proceed to trial, where a jury will determine the outcome. If successful, the damages awarded will be distributed to the deceased individual’s estate.

Navigating the legal process for a wrongful death claim is a similar process. In Maryland, the legal process for pursuing a wrongful death claim involves several steps. First, the personal representative of the deceased person’s estate must file a complaint in court, stating the circumstances surrounding the death and the negligence or wrongful act that caused it.

Next, the defendant is served with a copy of the complaint and has the opportunity to respond. Discovery then takes place, where both parties gather evidence and exchange information. Mediation or settlement negotiations may occur, but if a resolution is not reached, the case proceeds to trial. At trial, the evidence is presented, and a judge or jury determines whether the defendant is liable for the death and if so, the amount of damages to be awarded.

It’s important to note that both survival action and wrongful death claims can be filed in Maryland for the same incident. Survival actions compensate for the deceased’s pain and suffering, while wrongful death claims compensate for the losses suffered by the surviving family members.

How Can Regan Zambri Long Help?

Understanding the differences between survival action and wrongful death in Maryland is crucial when pursuing legal claims. Survival action allows the estate of a deceased individual to continue a personal injury lawsuit on their behalf. On the other hand, wrongful death claims seek compensation for the losses suffered by the surviving family members due to the death of their loved one. Each claim follows a different legal process, and consulting with an attorney is essential for navigating these complex cases.

If you lost a loved one in an accident and need help filing a personal injury claim, our Maryland wrongful death attorney is here to help. Schedule a free consultation today and one of our compassionate attorneys will help you with the process.