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Wrongful death. n. the death of a human being as the result of a wrongful act of another person. Such wrongful acts include: negligence (like careless driving), an inten- tional attack such as assault and/or battery, a death in the course of another crime, vehicular manslaughter, manslaughter or murder.
When a member of your family dies because of the carelessness or negligence of another person, you have a right to seek compensation for your losses, including the support they would have provided, any funeral and burial expenses, and, in some states, for loss of companionship or consortium.>
A wrongful death action allows for the surviving family members to sue for the death of a family member. A survival action, on the other hand, is a claim brought by the decedent's estates to recover any damages that the decedent could have recovered had he/she not died as a result of the incident.
Simply put, a wrongful death lawsuit is a claim filed by the immediate family members of the deceased against a person or entity who could be held liable for the death of their loved one. The lawsuit allows surviving family members to recover damages for their loss.
A surviving spouse is also entitled to damages for the loss of the comfort, care, companionship, and guidance of the deceased up to $150,000. Surviving children under age 18 are likewise entitled to damages for the loss of familial relationship. These damages are also limited under the New Hampshire law to $150,000.
In Maryland, there is a cap on the amount of damages a plaintiff can receive for ?pain and suffering? (also known as non-economic damages). In 2023, the cap on pain and suffering damages is $935,000 for an injury case and $2,262,500 for a wrongful death case with 2 or more survivors.
Unlike wrongful death lawsuits, which center around what the survivors have lost as a result of their loved one's death, survivor action claims focus on the damages suffered by the victim between the event that caused his or her injuries and the time of that individual's death.
In a survival action in Maryland, damages are measured in terms of harm to the actual victim. The personal representative of the victim's Estate serves as the posthumous agent of the victim. In a wrongful death action in Maryland, damages are measured by the harm to loved ones as a result of the loss of the victim.