When a wrongful death occurs, surviving family members can make two types of claims in Maryland: survival and wrongful death. A wrongful death claim allows for the surviving family members to sue those responsible for the death of a family member. On the other hand, a survival action is brought by the estate of a decedent to recover any damages that the deceased might have recovered had he or she survived. Read on to learn more about survival actions in Maryland.
Damages in survival actions can include compensation for pain and suffering inflicted on the surviving family members. Damages may also include economic expenses incurred by the deceased, such as funeral costs and hospital bills.
While survival claims are separate from wrongful death claims, the two claims are initiated by the same acts of negligence. Survival actions are typically brought at the same time as a wrongful death claim, but each claim requires its own set of proof.
Survival actions require substantial proof of damages incurred by the decedent as a result of the wrongful death. In most cases, the medical records and bills are collected along with the cost of expenses incurred after the wrongful death occurred. Each case is circumstantial and requires the assistance of a knowledgeable wrongful death lawyer.
It can be difficult to pinpoint the liable party in a case involving a deceased loved one. Since the decedent cannot testify to the wrongdoing, the attorney assigned to the case must properly investigate the circumstances. Liability evidence can take the form of expert testimony, statements by the parties, photographs, medical records, and more.
In the event that the decedent did not leave behind a will, the surviving family members may choose to initiate a probate action in their loved one’s county of residence. Following the court’s instructions, the family members could then discover who would qualify as a personal representative regarding the decedent’s estate.
Contact The Law Offices of Cardaro & Peek, LLC Today
Do you believe that your loved one was the victim of a wrongful death case? If so, you need to talk to a knowledgeable wrongful death lawyer in Maryland.
The lawyers at Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington D.C. Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website www.cardarolaw.com and follow us on Facebook, Twitter, and LinkedIn for more information.