“Survival Actions” and “Wrongful Death Actions”
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The general concept
When a person dies from an alleged tort, the law may recognize two distinct claims. A survival action continues the claim the injured person could have brought if they had lived. A wrongful-death action is brought by eligible survivors for the losses they personally suffer because of the death.
How Maryland applies it
In Maryland, the personal representative brings the survival claim for the estate. It may include the decedent’s conscious pain and suffering, medical expenses, and other losses between injury and death, subject to proof and applicable law. The recovery belongs to the estate and is administered under estate law. A wrongful-death claim is brought for the benefit of qualifying beneficiaries—generally a spouse, parent, or child, and in specified circumstances a relative who was substantially dependent on the decedent. Those beneficiaries seek their own losses, which can include mental anguish and loss of companionship or guidance where the statute permits. The actions can arise from the same event but have different plaintiffs, damages, and distribution rules. Naming the right parties and identifying all beneficiaries early helps avoid procedural problems and protects the separate interests involved.
Related Maryland Cases and Authorities
Md. Code, Courts & Judicial Proceedings §§ 3-901–3-904 (wrongful death).; Md. Code, Courts & Judicial Proceedings § 6-401; Md. Code, Estates & Trusts § 7-401(y) (survival claim and personal-representative powers).; Eagan v. Calhoun, 347 Md. 72 (1997).; Spangler v. McQuitty, 449 Md. 33 (2016).