Wrongful death claims are typically filed directly by the deceased’s surviving family members, and are generally designed to compensate those family members for their own losses. That usually includes the grief they suffer, the loss of companionship and guidance they would have enjoyed if the deceased had lived, reasonable burial expenses and the loss of any financial support the victim would have provided them.
However, another claim is often filed at the same time. Called a “survival action,” this is a type of claim that essentially allows the victim’s estate to pursue the damages the deceased might have been due if they had lived.
What kind of compensation can be recovered in a survival action?
In essence, a survival action allows the estate’s executor or court-appointed personal representative to pursue a personal injury claim for the period of time between the moment of injury and the victim’s death. Survival actions acknowledge that – barring instant death – the deceased likely experienced significant suffering. Under Maryland Code, Courts and Judicial Proceedings § 6-401, the right to make a claim survives, even though the victim does not.
As such, Maryland allows the victim’s estate to recover such things as:
- Medical expenses that were incurred before the victim’s death
- The lost wages that the victim suffered prior to their death
- Compensation for the victim’s pain and suffering and emotional distress
Because the compensation technically belongs to the victim, anything received from a successful wrongful death claim is then paid to the victim’s estate. That money would then be divided according to the deceased’s will (if one exists) or Maryland’s rules of intestate succession.
It is important to remember that the statute of limitations for a survival action in Maryland is typically three years from the date of injury (although shorter or longer time limits may apply, particularly when medical malpractice is concerned). The date by which a survival action must be filed likely will not align with the final date for a corresponding wrongful death claim.
To make sure that you pursue full accountability for your loved one and that due dates are properly observed, it is wisest to seek early legal guidance.