Maryland Wrongful Death And Survival Claims

When a loved one dies as the result of the negligence of another, Maryland law recognizes two types of claims. A survival action is brought on behalf of the deceased for his or her economic losses, (medical bills and lost wages), and non-economic losses, including conscious pain and suffering. A wrongful death action is brought by certain family members of the deceased seeking compensation for their economic and non-economic damages attributable to the death.

In a survival action, a personal representative must act in the place of the decedent and may recover damages that the deceased could have recovered had he or she not died. This includes funeral expenses not to exceed $5,000 in most cases, property damage, lost wages and medical expenses from the time of injury to the time of death, pain and suffering, and if applicable, punitive damages.

If the death is instantaneous, the cause of action is only for medical bills and funeral expenses. When death follows shortly after a negligent act, whether or not the deceased has experienced conscious pain and suffering is often disputed.

Maryland’s Wrongful Death statute creates a cause of action primarily so that a spouse, parents and/or children may recover from the death of a loved one. These harms include financial losses and “solatium” damages for emotional pain and suffering, mental anguish and loss of companionship.

Any discussion of wrongful death and survival actions in Maryland must include mention of the state’s cap on non-economic damages. These are separate limits on the amounts recoverable, depending upon when the negligent act occurred. For 2013, the cap is $725,000. If there is more than one beneficiary in the wrongful death case, the cap is multiplied by a factor of 1.5, creating a cap of $1,087,500. For reasons too byzantine for this short article, there is a lower cap that applies to multiple beneficiaries if the wrongful death is caused as a result of a medical malpractice. There are no caps on economic damages.

Maryland’s wrongful death and survival statutes are complicated. If you have lost a loved one as the result of negligence, you will have many questions. You should consult with an attorney who is familiar with this area of the law and who will assist you in making informed decisions.

David Diggs is experienced in representing family members who have experienced the death of a loved one. If you need further information regarding this subject, please contact David V. Diggs at Kahn, Smith & Collins, P.A., 8684 Veterans Highway, Suite 204 in Millersville at 410-244-1171 or diggs@kahnsmith.com.