When someone dies because of another party’s actions, Maryland law allows two separate civil claims. These claims serve different purposes and benefit different people. Understanding how they work helps you see what damages may apply after a fatal incident.
What a wrongful death claim covers
A wrongful death claim focuses on how the death affects surviving family members. The law allows certain relatives to seek compensation for personal losses caused by the death. These losses often include lost financial support, companionship, and emotional suffering.
What a survival action addresses
Survival action claims often mirror personal injury cases that arise from serious accidents. Rather than compensating family members, this claim seeks damages the deceased suffered before death. These damages may include medical bills, lost income, and pain experienced prior to passing.
The personal representative of the estate brings a survival action. Any recovery becomes part of the estate and follows estate distribution rules. This structure keeps the claim separate from individual family interests.
How damages differ between the two actions
Wrongful death damages reflect the impact of the loss on surviving relatives. Courts consider factors such as financial dependence and the nature of the relationship. Emotional harm also plays a role in these calculations.
Survival action damages focus on the deceased’s experience before death. Medical expenses and lost earnings often make up a large portion of these claims. Compensation does not account for family grief in this action.
Why both claims often move forward together
State law allows wrongful death and survival actions to proceed at the same time. Each claim addresses different harms, so pursuing both can cover the full scope of losses. Together, they address the full scope of losses after a fatal incident.
How Maryland law defines these claims
State statutes outline who may file each claim and what damages apply. Courts rely on these laws to keep the claims distinct while allowing them to proceed side by side. That separation ensures compensation reflects both family losses and the harm suffered by the deceased.