Fatal accidents are tragic, and the loss of a loved one impacts surviving family members in countless ways. Fortunately, under the Maryland Wrongful Death Act, it is possible to seek compensation from an at-fault party whose wrongful act causes the death of another.
Though taking legal action cannot bring someone back, financial support is critical during difficult times. Maryland wrongful death attorney can explain details about your rights, but read on for some background on what happens in these cases.
How Do Wrongful Death Cases Work in Maryland?
In Maryland, wrongful death cases arise when a person’s death is caused by another’s negligence, recklessness, or intentional act. The Maryland Wrongful Death Act allows specific family members to seek justice for their loved one and recover compensation for damages related to the death. To prevail with a wrongful death claim, the plaintiff must prove that the defendant’s actions directly caused the death. Evidence such as medical records, eyewitness testimony, and expert opinions is crucial to building a case.
Who Can File a Wrongful Death Claim in Maryland?
Maryland law restricts who can file a wrongful death claim to specific family members. Primary beneficiaries include the deceased’s spouse, children, and parents. They have the first right to file the claim.
If no primary beneficiaries exist, secondary beneficiaries may have rights, such as dependents who rely financially or emotionally on the deceased. Only one wrongful death claim is permitted per case, meaning eligible parties must work together to file jointly.
What are the Steps in the Maryland Wrongful Death Claim Process?
For wrongful death cases in Maryland, the process is complex and often emotional. A case typically requires the following steps.
· Conduct an investigation
· Collect evidence
· File a claim with the at-fault party’s insurance company
· Sue through a formal complaint in civil court
· Discovery, during which both sides exchange evidence and conduct depositions
· Trial, including determination of liability and awarding of compensation
Throughout the process, the parties may engage in settlement negotiations in an attempt to settle out of court.
What Compensation Can I Recover in a Maryland Wrongful Death Case?
In Maryland, compensation in wrongful death cases is divided into two main categories. Economic damages cover quantifiable financial losses, such as:
· Funeral and burial expenses
· Medical bills related to the deceased’s final injury or illness
· Lost wages and future income
Compensation is also available for emotional and intangible losses, and these are known as non-economic damages. They include pain and suffering, as well as loss of companionship and mental anguish suffered by the survivors.
Maryland law caps non-economic damages, with the limits adjusting annually for inflation. However, no cap applies to economic damages, ensuring families can recover necessary financial support.
Contact a Baltimore County Wrongful Death Lawyer Today
It is helpful to know the basics about what happens in a wrongful death case in Maryland, but there are many additional details that can impact your claim. Our team at the Law Offices of Michael A. Freedman is committed to guiding you through every step of the process with compassion and skill. Visit us online or call 410.363.6848 to schedule a free consultation at our offices in Owings Mills or Glen Burnie.
