Wrongful Death · Jurisdiction Comparison
Explore the key differences and similarities in how Virginia and Maryland handle wrongful death claims, including legislative frameworks and case law.
Virginia's wrongful death law is governed by Code of Virginia § 8.01-50, which allows the personal representative of the deceased to bring a lawsuit for damages if death was caused by the wrongful act or neglect of another. The law stipulates that damages can be awarded for the deceased’s pain and suffering, medical expenses, loss of income, and emotional distress of beneficiaries. Virginia follows the approach of distributing damages primarily to the immediate family members of the deceased, with a statutory order of beneficiaries that includes spouses, children, and parents.
Maryland's wrongful death statute is outlined in MD Code, Courts and Judicial Proceedings § 3-901. Similar to Virginia, it permits a personal representative to file a claim on behalf of the deceased's estate. However, Maryland distinguishes between two types of claims: wrongful death claims, which compensate for the losses suffered by the beneficiaries, and survival actions, which address the deceased’s own damages prior to death. Furthermore, Maryland adopts a comparative negligence standard that can reduce recovery based on the degree of fault attributed to the deceased, which contrasts with Virginia’s more rigid framework.
Highlights the standards for proving wrongful conduct to secure damages in wrongful death claims.
Clarifies the relationship between wrongful death claims and survival actions and their respective damages.
Lawyers representing clients in wrongful death cases must carefully navigate the specific statutes and case law in each state to maximize recovery for their clients. Understanding the differences in the claims process and damage awards between Virginia and Maryland is essential for effective advocacy.
This comparison often appears on bar exams in the context of tort law, requiring candidates to differentiate between wrongful death laws in Virginia and Maryland, including their approaches to damages and applicable statutes.