Troxler & Troxler Law Firm, based in Waldorf, Maryland, is led by Patrick and Teneshia Troxler. Patrick brings military discipline and deep legal experience, while Teneshia offers a strong courtroom background. They’ve handled over 130 cases together, and they’ll help you understand the difference between wrongful death and survival actions and what they mean for your family.
What Is a Wrongful Death Action?
A wrongful death action is filed by close family members — usually a spouse, child, or parent — when someone dies because of another person’s actions or negligence.
The focus is on the impact that loss has on the surviving family. It can cover funeral expenses, lost financial support, and emotional pain caused by the sudden absence of a loved one. In Maryland, wrongful death claims give families a legal path to seek compensation that reflects how the loss has affected their lives.
What Is a Survival Action?
A survival action, on the other hand, focuses on what the deceased person went through before passing. It’s filed by the estate, not the individual family members.
This type of claim covers things like medical bills, lost wages, and any pain and suffering the person experienced before their death. It’s a way to hold the responsible party accountable for the harm caused to the person who passed away, not just the family left behind.
The Main Differences, Summed Up
While wrongful death and survival actions are often filed together, they serve different purposes. Here’s a quick breakdown of how they differ:
- Who files: A wrongful death claim is brought by surviving family members; a survival action is filed by the estate.
- What’s compensated: Wrongful death focuses on the family’s loss, like emotional pain and lost financial support. Survival actions cover the harm the person experienced before passing, such as medical bills and lost wages.
- Where the money goes: Compensation from a wrongful death claim goes directly to the family. In a survival action, it becomes part of the estate.
Get Legal Support You Can Trust in Southern Maryland
Call Troxler & Troxler Law Firm in Waldorf at 301-264-6072 to schedule a case review and talk through your options. Our team lives and works in Southern Maryland, and we’re ready to stand by you from start to finish.
