Car Accident Wrongful Death and Survival Actions in Maryland
The most common wrongful death lawsuits in Maryland arise from fatal auto accidents. When a victim dies in an auto accident, two claims arise: a wrongful death claim and a survival action. Both of these claims come from statutes and the terms have different meanings in different jurisdictions. In Maryland, there is one claim brought on behalf of the victim for their own pain and suffering and medical bills. This is called a survival action and it is administered through the victim's estate. The second claim is called a wrongful death action. This claim is also a statutory creation, usually brought by the spouse, child, or parent of the victim.
In a wrongful death lawsuit in Maryland accident cases, damages are the victim's relative's losses - their emotional and economic loss. Accordingly, the relatives bring their own lawsuit for their loss measured in terms of harm to loved ones as a result of the loss of the victim. A survival action in Maryland, on the other hand, is a claim for damages by the victim's estate which are distributed to his/her heirs.
One chief difference between a survival statute and a wrongful death statute is that if death is instantaneous, there can be no cause of action except for medical bills and funeral expenses under the Maryland survival statute. Of course, this is a fallacy of law; no one can argue that a parent who does not get to see their children grow up has not suffered a loss. But the law gives that claim to the children under the survival statute.
How Much Money Can I Receive in a Wrongful Death Case?
If someone you love dies - for whatever reason - there is no amount of money that is going to fully compensate you for the loss. But that does not change what a lawsuit is about: money damages. First, there is no cap on how much money you can recover in a wrongful death lawsuit because there is no cap on economic damages. If, for example, Tiger Woods had been the victim of a wrongful death 15 years ago, the value of the wrongful death lawsuit from his death in Maryland would have arguably been over $1 billion.
But, in most cases where economic damages are not significant, there is a meaningful cap on damages in car accident wrongful death cases imposed by the cap on non-economic damages. The cap on non-economic damages varies depending upon the year of the death. You can find a chart providing the exact amount here.
Hiring a Wrongful Death Auto Accident Lawyer in Maryland
If you live in the Baltimore Washington area and believe you have a family member that was killed by a drunk or negligent driver, call our wrongful death lawyers at 800-553-8082 or get a free online consultation.
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