Wrongful death in a Maryland personal injury action

An action for wrongful death must be filed within three years of the death of the injured party. The wrongful death action arises at the time of the death and not at the time of the injury or the commission of the tort. The complaint filed with the court must state that it was brought within the proper time frame. The statute of limitations is not tolled by the provisions of courts and judicial proceedings 5-201 which normally would toll the statute of limitations during the claimants minority. A wrongful death action is a separate and distinct action from a survival action. A survivor action seeks recovery for the decedent. Whereas the wrongful death action is brought for the benefit of the decedents survivors. The damages are measured by the harm to those persons resulting from the decedents death. If you have questions regarding wrongful death in the state of Maryland please feel free to call me at 1-888-760-7339. I am more than happy to answer your questions right over the telephone at no cost to you.