The death of a loved one is a horrendous event, especially when it occurs due to what should have been a preventable accident. Beyond the emotional pain, the death of a loved one is a life-altering event for the surviving family members because it also commonly bears significant financial consequences as well.
In Maryland, the surviving family members of someone who has died due to the mistakes of others can use a wrongful death action and a survival action to seek compensation and closure. Because insurance companies know that the damages of a wrongful death can be extensive, they are always ready to defend against wrongful death claims with tenacity. You need to be ready to challenge their defense. Do so by letting Portner & Shure, P.A. and our Bel Air wrongful death lawyers help you from start to finish.
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Maryland Wrongful Death Law
When a person dies because of another individual’s negligence, this creates two legal claims: wrongful death and survival action. The victim’s estate can bring a survival action against the negligent party, which is designed to compensate the victim, through the victim’s estate, for the pain and suffering that the victim suffered as a result of the event that caused the victim’s death. Medical expenses and funeral expenses can also be secured through a survival action.
In addition to a survival action, the victim’s family can bring a wrongful death claim against the negligent party. A wrongful death claim is separate and distinct from a survival action. It involves a qualified family member like a parent, spouse, or child who can assert a wrongful death claim and demanding compensation for the financial damages caused by the sudden loss of companionship, consortium, income, and support that the victim provided.
Common Causes of Wrongful Death
A variety of events and accidents result in innocent people losing their lives.
Common causes of wrongful death include:
- Automobile collisions
- Truck collisions
- Motorcycle collisions
- Defective products
- Animal attacks
- Medical malpractice
- Industrial accidents
Damages & Caps in Wrongful Death Cases
In a standard personal injury case, Maryland law permits a personal injury victim to claim both economic and noneconomic damages. Economic damages are meant to compensate an accident victim for medical bills and the cost of future medical care. Noneconomic damages are meant to compensate a victim for the pain and suffering caused by the abuse. Wrongful death cases are subject to statutory caps for non-economic damages, though. The amount that can be claimed under this cap increases each year. There is no cap for economic damages such as loss of income and medical expenses.
Litigation & Defenses the Opposition Might Use
In a standard personal injury case, the personal injury victim must prove all the elements of their claim by a preponderance of the evidence, i.e., 51%, in order to win. Several defenses are available to a civil defendant in a personal injury case. These defenses are also applicable in wrongful death cases, so you can expect an insurance company to use them whenever they can.
The two most commonly used defenses in Maryland are contributory negligence and assumption of risk. Contributory negligence precludes a victim from recovering if the negligent party produces evidence showing that the victim’s own negligence contributed to the accident and their injuries. Maryland also allows a civil defendant to assert the defense of assumption of risk, which precludes a victim from recovering if the negligent party produces evidence showing that the victim had knowledge of the risk, appreciated the risk, and despite knowing of the risk undertook the risky action. To overcome these defenses, legal representation by a zealous Bel Air, Maryland wrongful death attorney from our firm is highly recommended.
Get Our Legal & Moral Support
For more than 30 years, our Bel Air wrongful death attorneys at Portner & Shure, P.A. have been obtaining compensation for the families of people who passed away too soon and due to someone else's mistakes. We have built a reputation for excellent case results and genuinely compassionate care shown to our clients. You will feel supported and comfortable as your case progresses because we always keep your emotions and goals in center focus.
