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Wrongful Death vs. Survival Action

By Alpert Schreyer on March 29, 2019

Wrongful Death vs. Survival ActionWhen you lose a loved one as the result of someone’s negligence, you can be left not only with your grief but also with financial hardship. Maybe your lost loved one was the primary source of income in your family, or maybe you’ve been left with heaps of medical bills. In the aftermath of your loved one’s death, there are options available to the surviving family. These options include wrongful death and survival actions. Both options offer a way for a family to recover from the party liable for your loved one’s death. In Maryland, a family can choose to pursue both actions.

Wrongful Death Claim

A wrongful death claim centers on the family of a deceased person and allows family members to file a lawsuit for damages. These damages include the grief and suffering the family has endured as a result of their loved one’s death. It also includes damages for funeral expenses or any medical expenses related to the loved one’s death. A wrongful death suit can generally be brought by the deceased person’s spouse or children or the parents of an unmarried person without children.

Survival Action

A survival action centers around the suffering of the deceased person. In a survival action the deceased person’s estate brings the claim against the negligent party. The estate can receive compensation for the pain and suffering of the deceased person as well as any lost wages and medical expenses. These damages are similar to what the person could have recovered if they had survived the accident and brought a personal injury claim against the negligent party. Any compensation received is then disbursed through the deceased person’s estate. A survival action is typically brought by the executor of the deceased person’s estate.

Who is Liable in a Wrongful Death or Survival Actions?

In a wrongful death and a survival action, it must be proven that a plaintiff’s actions caused the deceased person’s death. In other words, it must be proven that a negligent or reckless act by another person or entity caused the death and that this person or entity owed a duty of care to the deceased person.

Contact an Experienced Wrongful Death Attorney

If your loved one has died as the result of someone’s negligence, you should have an experienced attorney evaluate your case. Contact the lawyers at Alpert Schreyer, LLC online or call us at 844-632-7274 for a free consultation.

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Alpert Schreyer, LLC Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. This web site is not intended to solicit clients for matters outside of the state of Maryland.

Alpert Schreyer, LLC in Waldorf represents personal injury clients throughout Maryland, including those in Bowie, Annapolis, Prince Frederick, Upper Marlboro La Plata, Bethesda and Leonardtown located in Charles County, Prince George’s County, St. Mary’s County, Calvert County and Montgomery County.

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Date published: 09/06/2018
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