According to the law, when someone dies due to someone else's negligence, it is called wrongful death. The legal definition of wrongful death in the state of Maryland is a death resulting from “an act, neglect, or default, including a felonious act which would have entitled the party injured to maintain an action and recover damages if death had not ensued.” In other words, if the person had not have died, the injured party would have been able to file a personal injury claim. Instead, the family can file on behalf of the deceased. In Maryland, a victim's family has the right to file a lawsuit to compensate for the loss of the victim's companionship, love, and financial support that the family would have received had the victim not died at that time. Additionally, the victim's estate can bring a survival action on behalf of the victim. A survival action compensates the victim's estate for the pain suffered while the victim was dying and up until the moment of death. At the Baltimore Accident Center, our lawyers will:
- Gather evidence that demonstrates negligence
- Use the evidence as leverage during settlement negotiations
- Take your case to court if a settlement does not work out
- Offer the trial representation needed to help you pursue a judgment in your favor
If you have lost someone due to wrongful death, you need to immediately consult with a lawyer who is an expert in Wrongful Death Law In Baltimore. A Wrongful Death Attorney at Baltimore Accident Center will guide you in recovering all damages that your family is owed. If you are located in or near Baltimore, MD, call (443) 499-2919 for a free consultation.
What Types Of Damages Might A Family Recover In A Wrongful Death Lawsuit In The State Of Maryland?
The term “damages” refers to the claimed losses of the plaintiff. In a Wrongful Death Claim, damages are awarded to the family and loved ones of the deceased person to compensate them for all injuries they might have suffered in connection to their loved one's death. If you have any questions about wrongful death cases in the state of Maryland, it is advised that you work closely with an expert Wrongful Death Law Firm who can guide you through the complicated laws in Maryland.
In the state of Maryland, wrongful death damages recovered by loved ones can include compensation for the following:
- Financial contributions that the deceased would have made to family and other loved ones
- Mental anguish and emotional pain and suffering
- Loss of society, companionship, comfort, and protection
- Loss of marital care, parental care, or filial care, and
- Loss of attention, advice, counsel, training, guidance, or education.
It is possible that the court might award damages to the deceased beneficiaries in proportion to the loss each individual suffered resulting from the death of the victim.
Maryland has what is called limited noneconomic damages in a Wrongful Death Settlements and Lawsuits. This means that the state puts a cap on noneconomic damages. These are damages that cannot be measured in terms of bills, but damages for things like mental anguish and loss of companionship. Currently, the cap on noneconomic damages in a wrongful death lawsuit in the state of Maryland $845,000 for a single beneficiary. If there are multiple beneficiaries in the wrongful death case, the cap is 150% of the cap for single beneficiaries. Different caps apply in medical malpractice lawsuits though.
If you have lost someone due to wrongful death, you need to immediately consult with a lawyer who is an expert Wrongful Death Claims Attorney. An experienced attorney at Baltimore Accident Center will guide you in recovering all damages that your family is owed. If you are located in or near Baltimore, MD, call (443) 499-2919 for a free consultation.
What Is The Statute Of Limitations To File A Wrongful Death Claim In The State Of Maryland?
For most wrongful death lawsuits in Maryland, the statute of limitations for wrong death lawsuits is three years from the date that the victim died.
There is an exception to this statute of limitations. If the victim died from an “occupational disease” or a disease caused by exposure to a toxic substance in the person's workplace and contracted during that person's employment. Lawsuits in these cases must be filed before the end of ten years of the date of the victim's death or three years of the date that the disease was identified as the cause of death.