Wrongful Death and Survival Actions in Prince George's County, MD
Maryland law provides two distinct claims when a person is killed by another's wrongful act, and they are not interchangeable. Understanding the difference matters, because they compensate different losses, belong to different parties, and are subject to separate damages limits.
The Two Actions
The wrongful death action, governed by Md. Code, Cts. & Jud. Proc. § 3-901, belongs to the decedent's family and compensates their loss. Primary beneficiaries are the spouse, parents, and children of the deceased. Where no primary beneficiary exists, secondary beneficiaries related by blood or marriage and substantially dependent on the deceased may recover. Recoverable damages include the family's mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, care, and, where applicable, marital care and parental care, together with the economic value of the support the deceased would have provided.
The survival action belongs to the decedent's estate and is brought by the personal representative. It compensates losses the deceased personally sustained before death—conscious pain and suffering, medical expenses incurred, and lost earnings between injury and death. Where the death was not instantaneous, the survival claim can be substantial, and it requires evidence of consciousness and awareness during the interval.
The Damages Cap
Maryland caps non-economic damages by statute under Cts. & Jud. Proc. § 11-108, with the applicable figure fixed by the date the cause of action arose rather than the date of filing, and the cap increasing annually on October 1. In a wrongful death action with two or more beneficiaries, the limit is 150% of the individual cap. Where a wrongful death claim and a survival claim are brought together, each is subject to its own limit. There is no cap on economic damages, which makes the economic analysis (lost lifetime earnings, lost benefits, lost household services) decisive in the value of most death cases.
As of July 2026, for causes of action arising between October 1, 2025 and September 30, 2026, the individual cap is $965,000 and the wrongful death cap with two or more beneficiaries is $1,447,500.
Key Deadlines
A wrongful death action is generally subject to a three-year period running from the date of death, with statutory exceptions in occupational disease cases. Where the death arose from the conduct of a local government or its employee, the Local Government Tort Claims Act notice must be given within one year, and the recoverable amount against the local government is capped separately by that Act.
Our Approach
Families come to a wrongful death consultation carrying something no legal process addresses. What the process can do is establish accountability and secure the financial future of the people the deceased was supporting. Those are the two things this firm will discuss with you plainly, including an honest assessment of what the claim is likely to be worth and what it will require, before you decide whether to proceed.