Wrongful death occurs when someone is killed because of the negligence or misconduct of another person, business, or product. For instance, the death may have been a result of medical malpractice, a car accident, or a defective product. In Maryland, there are certain beneficiaries who are entitled to sue the responsible party to recover money to compensate for the loss. The beneficiary suing has three (3) years from the date of death of the decedent to bring suit. If your loved has died due to the negligence or misconduct of another, the intrepid lawyers at Krum, Gergely & Oates, LLC can help you get the money you deserve and hold the appropriate parties responsible.
Purpose of Wrongful Death Statute
The wrongful death law in Maryland allows for compensation to both the estate of the decedent and the decedent’s surviving immediate family for the loss of their family member. Because the decedent is no longer alive, the wrongful death statute provides a mechanism to hold the other party responsible and to seek compensation for the loss suffered.
Primary Beneficiaries: wife, husband, parent, and child of the deceased person.
Secondary Beneficiaries: a person related to the decedent by blood or marriage who was “substantially dependent on the deceased”; a secondary beneficiary may file only if there is no primary beneficiary available or willing to file.
Types of Wrongful Death Cases
Wrongful death claims are generally either:
· Survival actions: brought on behalf of the estate to compensate any losses of the estate (e.g. funeral, burial, hospital expenses, pain and suffering of decedent)
· Wrongful death actions: brought by surviving family members to compensate for the loss caused by the untimely death (e.g. for lost support, lost wages, lost companionship)
Types of Compensation in an Injury Case:
- Medical Bills
- Replacement Services
- Pain and Suffering
- Punitive Damages
- Loss of Consortium
- Property Damage
- Lost Wages
- Future Medical Bills
- Lost Earning Capacity
- Emotional Distress
Monetary Award in Wrongful Death Cases
Recovery exists for economic and non-economic damages. The monetary award available in a wrongful death claim varies and depends on whether the action filed is a survival action or wrongful death action. In addition, in Maryland, there is a cap (limit) on the amount of financial recovery for non-economic damages (e.g. pain and suffering). It is critical to have the assistance of an experienced attorney to negotiate and present arguments in court on your behalf in order to maximize the financial recovery you deserve after the unfortunate loss of a loved one.