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Survival Action or Wrongful Death: Which Maryland Lawsuit Do You Need? | Nickelsporn & Lundin, P.C.
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Q:
What is a “survival action” lawsuit and how does it relate to a wrongful death claim in Maryland?

A:

If you’ve heard both terms, you may very well be confused. In actuality, these are two different types of lawsuits. Since the same attorney may be able to help you with either claim, the two are often joined together under the more generic (and more easily understood) “wrongful death” term.

Technically, a survival action claim in Maryland is a lawsuit brought on behalf of the deceased after he or she has died. This claim seeks to recoup damages for the following:

  • Medical expenses from the time of the accident to the time of death
  • Compensation for the victim’s anguish, pain and suffering until death
  • Cost of funeral and burial expenses

A survival claim is more typical in a case where the person injured suffered for days or weeks following a Maryland car crash before succumbing to injuries.

A wrongful death lawsuit, on the other hand, is specifically intended to compensate the closest family members for their loss. The parents, spouse or children of the deceased may pursue a wrongful death claim on their own behalf. This type of a lawsuit focuses on the pain and suffering that the family members have undergone from the loss of companionship of their loved one. It may also be used to seek damages for actual expenses, such as the funeral and burial costs for their loved ones.

An experienced Maryland auto accident attorney can help you determine whether you are better off seeking a survival action or wrongful death claim. In some cases, you may be able to pursue both. For more information, start a live chat now or fill out our online form to request a free consultation.

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