If you lost a loved one due to another’s negligence, you may be able to file a wrongful death claim. A wrongful death lawsuit allows eligible surviving family members to seek compensation for financial losses, emotional pain, and the loss of companionship resulting from a preventable death. Understanding which family members can pursue a claim, the damages available, and how Maryland law applies can help families make informed decisions during these difficult times. Reach out to our firm today to speak with one of our dedicated Maryland personal injury attorneys. Our legal team is here for you; all you have to do is give us a call.
What Is a Wrongful Death Claim in Maryland?
In the event that a person has lost their spouse or a loved one in an accident, such as a car crash, collision, accident on the job, or medical malpractice, they may be eligible to file a wrongful death claim to recover damages for the tremendous loss.
A wrongful death claim is a type of civil lawsuit filed when someone’s negligence, recklessness, or wrongful conduct results in another person’s death. These claims serve to compensate surviving family members for the losses endured as a result of the death of their loved one.
Common Causes of Wrongful Death Claims
- Motor vehicle accidents
- Commercial truck accidents
- Pedestrian accidents
- Workplace accidents
- Medical malpractice
- Fatal slips and falls
- Product defects
- Criminal acts resulting in death
- Construction accidents
- Nursing home negligence
- Surgical errors
Who Can File a Wrongful Death Claim in Maryland?
If someone has lost a loved one as a result of another’s negligence, he or she will likely want to bring a wrongful death claim to hold the responsible party accountable for their actions. However, it is important to understand that not just anyone has the right to bring a wrongful death claim in Maryland.
If you are the parent, spouse, or child of the decedent, you are entitled to bring a wrongful death claim on their behalf.
In the event that the decedent passes away without parents, a spouse, or a child, then anyone who is related by blood or marriage to the victim and was strongly dependent on them may bring a wrongful death claim. This is because Maryland law distinguishes between primary and secondary beneficiaries in wrongful death claims. As such, if no primary beneficiaries survive the deceased, secondary beneficiaries may be eligible to pursue compensation.
Who Can Sue for Wrongful Death in Maryland?
Under Maryland law, the following individuals are generally eligible to pursue a wrongful death claim:
- Spouse of the deceased
- Children of the deceased
- Parents of the deceased
If none of these individuals survive the deceased, certain relatives by blood or marriage who were considerably dependent on the deceased may be eligible to pursue a claim.
Wrongful death claims in Maryland are governed by state statutes and court decisions that determine who can pursue damages, the types of compensation available, and procedures for filing a claim.
What Must Be Proven in a Maryland Wrongful Death Case?
In order to successfully recover compensation following a wrongful death in Maryland, the individual pursuing the claim, referred to as the claimant, must typically prove that another person’s negligence or wrongful conduct directly caused the death.
Elements of a Wrongful Death Claim
- The defendant owed the deceased a duty of care
- The defendant breached that duty of care
- The breach resulted in fatal injuries
- The death resulted in measurable damages
Examples of wrongful death include:
- A distracted driver caused a fatal collision
- A doctor failing to diagnose a life-threatening condition
- A property owner failing to remedy dangerous property conditions
What Compensation Can Be Recovered in a Maryland Wrongful Death Claim?
The economic damages that an individual may receive as a result of the death can include the financial cost of the death, including funeral expenses, the medical care your loved one received before passing on, and lost wages.
It is also recognized that wrongful death carries extreme emotional loss, which is why our firm can also pursue legal action for non-economic damages, which will include pain and suffering, loss of guidance, loss of companionship, emotional distress, and more.
Ultimately, the value of a wrongful death claim depends on a number of factors, like the age of the deceased, earning capacity, financial contributions to the family, and the emotional losses suffered by surviving relatives. As each case is different, Maryland courts determine compensation on a case-by-case basis.
What Damages Are Available?
In Maryland, a wrongful death claim may result in both economic and non-economic damages for the surviving family members
Economic Damages
- Funeral and burial expenses
- Medical bills incurred prior to death
- Lost income and future earnings
- Loss of household services
- Loss of financial support
Non-Economic Damages
- Mental distress
- Emotional pain and suffering
- Loss of companionship
- Loss of parental support
- Loss of consortium
Contact Our Maryland Injury Firm
At McCarthy, Winkelman & Mester, L.L.P., our legal team has a strong focus on litigation that seeks just and fair compensation for victims of another party’s negligence. If you need a Prince George’s County personal injury lawyer that handles cases in Maryland, Washington D.C., or Virginia, our firm has the resources and knowledge needed to take a case as far as necessary, including to the U.S. Supreme Court. If you suffered an injury or loss because of another person’s negligence, contact us today.
