Maryland Wrongful Death And Survival Claims

By David Diggs
The Law Office of David V. Diggs

When a loved one dies as the result of the carelessness or intentional act of another – this may include medical negligence, the reckless operation of a motor vehicle or a premeditated battery – Maryland law recognizes two types of claims. A survival action may be brought on behalf of the deceased for his or her economic losses, such as medical bills and lost wages, and non-economic losses, including conscious pain and suffering. A wrongful death action is brought by certain family members, 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 surviving spouse, parents and/or children may recover from the death of a loved one. These harms include financial losses, such as the loss to a child of a mother’s future earnings. They also include “solatium” damages for emotional pain and suffering, mental anguish and loss of companionship resulting from the family member’s death.

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 causes of action arising on or after October 1, 2018, the cap is $860,000. 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 $1.29 million. These caps increase to $875,000 and $1.3 million as of October 1, 2019. No amount may be awarded above these figures. If a greater amount is awarded by a jury, the trial judge will reduce the award to the capped levels. For reasons too byzantine for this short article, lower caps apply if the wrongful death is caused as a result of a medical malpractice. There are no caps on economic damages, those that reimburse for medical expenses and lost earnings.

Maryland’s wrongful death and survival statutes are complicated. If you have lost a loved one as the result of tortious conduct, you will have many questions. You should consult 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, contact The Law Office of David V. Diggs LLC, at 8684 Veterans Highway, Suite 204, in Millersville, by calling 410-244-1171 or emailing david@diggslaw.com.