Can I File a Wrongful Death Claim and a Survival Action at the Same Time in MD?

 Posted on February 28, 2026 in Wrongful Death

As of 2026, families in Maryland can file both a wrongful death claim and a survival action at the same time. Doing so is common when a loved one suffers before they die. These are two separate legal claims that serve two different purposes. One compensates the family, and the other compensates the estate for what the deceased person went through.

Many such deaths involve negligence, and families in Frederick County deserve fair compensation for their losses. At Serafini Law, our Frederick County, MD wrongful death lawyer can help you understand both claims and how they work together.

What Is the Difference Between a Wrongful Death Claim and a Survival Action?

These two claims sound similar, but they compensate different people for different losses. Understanding that difference is the key to understanding why filing both matters.

What Is a Wrongful Death Claim in Maryland?

A wrongful death claim compensates the family for the losses they've experienced because of their loved one's death. It covers things like grief, loss of companionship, loss of financial support, and the emotional pain of losing someone they depended on.

Under Md. Courts and Judicial Proceedings § 3-904, a wrongful death claim can be filed by the deceased's spouse, parents, or children. If none of those immediate family members exist, the law allows a relative by blood or marriage who was substantially dependent on the deceased to bring the claim.

What Is a Survival Action in Maryland?

A survival action compensates for how the deceased person suffered before they passed. This includes their pain and suffering, medical bills, and any losses they had between the time of the injury and the time of their death. Think of it this way: the wrongful death claim is for the family's harm, and the survival action is for the deceased person's harm.

A survival action is filed by the personal representative of the deceased's estate. That person is usually named in the deceased's will. If there is no will, the court appoints someone to serve in that role. The same attorney can typically handle both claims at the same time, which is how most Maryland wrongful death cases are handled.

What Damages Can You Recover From Wrongful Death and Survival Action Claims?

The two claims cover different types of losses, which is exactly why filing both is so valuable. Together, they can account for a much broader range of harm than either one could alone.

A wrongful death claim can recover:

• Mental anguish and emotional suffering of surviving family members
• Loss of companionship, comfort, and guidance
• Loss of the financial support the deceased would have provided
• Loss of household services the deceased performed
• A survival action can recover:
• The deceased's medical expenses from the time of injury to death
• The pain and suffering the deceased experienced before they died
• Lost wages the deceased would have earned had they survived

What Are the Deadlines for Filing a Wrongful Death Claim in Maryland?

The deadlines for these two claims are not the same, and missing either one can permanently eliminate your right to recover. A wrongful death claim must be filed within three years of the date of the person's death.

The survival action, however, is generally tied to the date of the wrongful act itself, not the date of death. That means the survival action deadline can be shorter in cases where a person survived their injury for a significant period of time before passing.

This difference in timing is one of the most important reasons to contact an attorney as early as possible. If one deadline passes, you may still have the other claim available, but waiting risks losing both.

What Mistakes Do Families Make When Filing Wrongful Death or Survival Action Claims?

Navigating two simultaneous legal claims while grieving is extremely challenging. Some of the most common mistakes families make include:

• Assuming only one claim is available and never asking about the other
• Waiting too long to act, especially when the survival action deadline may be shorter than expected
• Not identifying or appointing a personal representative for the estate before filing
• Settling too quickly without understanding the full value of both claims combined
• Failing to document the deceased's pain and suffering before death, which can reduce the value of the survival action

Having someone familiar with local practice can make the process smoother.

Schedule a Free Consultation With Our Frederick, MD Wrongful Death Attorney

Losing someone you love is hard enough without having to figure out the legal system on your own. Attorney Serafini is supportive with clients and aggressive with insurance companies and defendants. He grew up in Hagerstown and remains deeply involved in the Western Maryland community.

He brings more than 12 years of experience to every case and gives each one his full personal attention. Serafini Law handles wrongful death cases on a contingency basis, meaning you pay no legal fees unless compensation is recovered for you. Help is available 24/7. Call 240-744-1600 today to schedule a free consultation with our Frederick County, MD wrongful death lawyer.