Wrongful death claims are often brought by spouses, children and parents, for their losses. A separate legal claim known to lawyers as a survival claim represents the loss suffered by the person who has died, and it is brought by the personal representative of the estate.
In a wrongful death case, the person who has suffered the loss of a family member must prove: that METRO or another defendant negligently caused the death of decedent. Weimer v. Hetrick, 309 Md. 536, 547 (1987). In addition the plaintiff must meet the law's definition of a beneficiary and the case must be filed within what is known as the statute of limitations, 3 years in Maryland. Md. Cts & Jud. Proc. Art. § 3-904.
In a similar fashion, the personal representative of the estate must prove that METRO or another defendant negligently caused the decedent’s injuries, and, to claim damages for pain and suffering, the estate must show that there was a degree of consciousness before death. Tri-state Poultry Coop. v. Carey, 190 Md. 116, 125 (1948).For further information, please contact Michael J. Schreyer about his firm's cases against METRO. Michael.Schreyer@vzw.blackberry.net 301-861-5070.