Wrongful Death

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Our firm has recovered MILLIONS for Maryland families after a wrongful death.

A death of a loved one is a very difficult time. When the death is due to negligence, accidental or criminal conduct of someone else, it can be even more devastating. Not only is the family grieving, they are faced with uncertain legal issues and may not know where to turn.

Wrongful death is the loss of life of an individual resulting from the willful or negligent act of another person or persons. A wrongful death case may be the result of medical malpractice, motor vehicle accidents, nursing home negligence, construction accidents, product defects or even murder.

Maryland Wrongful Death Lawsuits

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In Maryland, the surviving family of an injured person can sue the responsible party for their loved one’s death. A wrongful death is when a person is killed due to the negligence or misconduct of another party:

  • Automobile Accidents
  • Medical Malpractice
  • Workplace Accident
  • Product Malfunction
  • Slips & Falls
  • Commercial Truck Accidents
  • Criminal actions of others
  • Nursing home neglect and/or abuse

When it comes to choosing an attorney, the surviving family wants an attorney with compassion as well as the expertise and skill to achieve the maximum financial compensation from those responsible. The family needs closure and some comfort in knowing that those responsible will be punished for harmful or negligent actions.

Wrongful death free case evaluation

Wrongful death lawsuits are complex and require the guidance of skilled attorneys to protect the rights of the deceased person’s survivors. If you lost a loved one due to the negligence or wrongful act of someone else, call the Law Offices of Michael A. Freedman. You may be emotionally exhausted, distressed and grieving which is natural. Our experienced attorneys can help.

Listen to Michael A. Freedman discuss wrongful death issues on WCBM

Wrongful Death Legal FAQs

What is the difference between a Wrongful Death claim and a Survivorship claim?

Wrongful death claims allow for certain family members of the deceased, (usually spouse, children and parents), to be compensated for their loss. These damages can be both economic and non-economic in nature.

Survivorship claims are brought by the appointed personal representative of the deceased on behalf of the deceased, allowing for damages sustained by the deceased prior to and/or as a results of the accident. These damages can be for the deceased’s pain and suffering prior to death and any medical bills incurred while attending to the deceased.

In order to bring a wrongful death claim the following elements must be alleged and proved in order to prevail:

  • Death;
  • Proximately caused by the negligence of the Defendant;
  • Resulting in damages to a person or persons who are within the category of defined beneficiaries under the Maryland statute covering Wrongful Death;
  • Claim must be filed in the appropriate time period

Who may benefit from a Wrongful Death Claim in Maryland?

  • Primary beneficiaries
  • wife, husband, parent and child of the deceased person.
  • Secondary beneficiaries
  • if there are no persons who qualify as “primary”, an action shall be for the benefit of any person related to the deceased person by blood or marriage who was substantially dependent on the deceased.

Is there a time limit to file?

Except for “occupational diseases” an action for Wrongful Death in Maryland must be filed within three years after the death of the injured person.

What compensation is available for wrongful death?

No amount of money can ever compensate for the loss of a loved one, however, having some financial security and the comfort of holding those responsible accountable for the death can provide a sense of closure.

In a wrongful death law suit, there are many factors that the courts consider such as:

  • Economic loss on behalf of a spouse and children
  • Loss of parental care and guidance
  • Medical and healthcare expenses
  • Funeral expenses
  • Lost inheritance for beneficiaries
  • Loss of support for the decedent’s family because of the decedent’s loss of earnings

Compensation may also include damages for mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, marital care, parental care, filial care, attention, advice, counsel, training, guidance, or education.

Is there a limit to the amount of damages?

In any action for Wrongful Death (or any personal injury claim), an award for noneconomic damages (mental anguish, emotional pain and suffering, etc.), in which the cause of action arose after Oct 1, 2017 may not exceed $770,000 and will increase by $15000 each year thereafter.

If there are two or more claimants or beneficiaries, an award for noneconomic damages may not exceed 150% of the above limitation, regardless of the number of claimants or beneficiaries.

How are damages divided?

Damages may be awarded to the beneficiaries proportioned to the injury resulting to them from the wrongful death.

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