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Determining the Difference Between a Wrongful Death Action and a Survival Action

— August 5, 2022

Wrongful death claims can be brought forward by the estate and immediate family members of an individual.

There is a significant difference between a wrongful death action as well as a survival action. If a person loses their life in an unfair manner and due to the fault of someone else, the family members are allowed to come forward with a wrongful death action. The purpose of the wrongful death action is to get compensated for the pain, suffering, and unfair loss of companionship and financial help the descendants suffered. Survival actions differ from wrongful death actions because it is not the immediate family members that apply, but it is the estate that may recover the losses.

Of course, no amount of settlement can make up for the amount of harm that a person suffers when they lose someone important in their life. However, receiving settlement can help a person feel like their loved one got the justice they deserved. It can also help the grieving family get through the new changes and difficult phases of their life that will follow the death.

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Wrongful death claims can be brought forward by the estate and immediate family members of an individual whose death was caused by the negligence of the other person. The claimants are allowed to pursue compensation for all the economic and noneconomic damages that they suffered because of the sudden loss of their essential household member.

According to the law in Maryland, there are two categories of people who can make a wrongful death claim. Primary beneficiaries and secondary beneficiaries. Primary beneficiaries take precedence over secondary beneficiaries, and they consist of the surviving spouse, parents, and children of the deceased. Secondary beneficiaries are those outside these groups who wish to file a claim because no primary beneficiary has taken the initiative. 

Exactly What Damages Can be Recovered in a Wrongful Death Claim?

In a wrongful death claim, the family members of the deceased can claim for a variety of damages, including the lost family wages, loss of care, companionship, and guidance, as well as funeral and legal expenses. To ensure that the claim goes through successfully, individuals should make sure they connect with a wrongful death lawyer as soon as possible. An attorney can give then the support, representation, and advice they need to ensure a smooth claim process.

Get in touch with a wrongful death attorney at the Law Offices of Murnane and O’Neill  today to file a wrongful death claim.

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