The wrongful death of a loved one due to another party’s negligence can result in unspeakable pain and anguish. Nothing can undo the harm you have felt after losing a loved one, but legal action can help bring closure and financial stability. Our Frederick wrongful death attorneys at Portner & Shure, P.A. can work to secure the financial compensation you and your family are entitled to under the law after someone else’s awful mistakes or recklessness have taken a life.
In Maryland, the wrongful death statute provides families with the capacity to obtain compensation for their loss. When we are your chosen legal representatives, you do not need to worry about the complexities of these laws and claim processes. While we work diligently to build a winning claim, you can spend time with your family and grieve as needed.
Whenever you are ready, call our firm at to learn more.
What is a Wrongful Death Claim?
Every state has different rules regarding wrongful death claims. In Maryland, in order to have a legitimate wrongful death case, two different personal injury claims are filed against the responsible party.
First, a survival action is a claim filed by the deceased person’s family members on his or her behalf. To be considered a family member, the individual asserting the claim must be a child, parent, or spouse of the deceased. In a survival action, the family is pursuing compensation for the pain and suffering experienced by the deceased person prior to their death due to the actions of the defendant. Also, the family is entitled to compensation for expenses surrounding the death, like funeral costs and medical bills.
Second, a wrongful death claim is made by individual family members of the deceased. In this particular claim, the family members are seeking compensation for the loss of income, consortium, companionship, and support they received from the individual who died.
Common causes of wrongful death are:
- Car accidents
- Industrial accidents
- Medical malpractice
- Product defects
- Swimming pool accidents
- Truck accidents
Damages & Caps in a Wrongful Death Claim
In Maryland, wrongful death claimants are able to claim economic and noneconomic damages. Economic damages are considered medical expenses, funeral expenses, and loss of income. Meanwhile, noneconomic damages include loss of companionship, consortium, the pain and suffering endured by the deceased prior to their death, and grief.
Noneconomic damages in Maryland have a cap while economic damages do not have a cap. The noneconomic damage cap can change with legislation, which can make it difficult to know how much you can demand in your claim without the assistance of a wrongful death attorney.
Common Defenses in a Wrongful Death Case
There are three different defenses typically used in a wrongful death case in Maryland:
- Assumption of risk: Under this defense, the at-fault party must present proof that the victim knew the risk involved with the activity or event that caused their death. The victim must have appreciated the risk and undertook the risk of danger despite knowing the potential negative consequences.
- Contributory negligence: Maryland is one of the four states that allow this type of defense. According to contributory negligence, if a wrongful death victim is found to have acted negligently, and their negligence contributed to even just 1% to their injuries, their estate and family are unable to receive compensation.
- Lack of proof: This last type of defense is straightforward. According to Maryland Law, an individual who files a lawsuit must prove all elements of their case by a preponderance of the evidence, i.e., 51% certainty.
The Legal Team to Hire for Your Wrongful Death Claim
For more than 30 years, the attorneys at Portner & Shure, P.A. in Frederick have fought tirelessly for wrongful death victims and obtained excellent results for their families. We are known for showing genuine compassion and care to our clients, which helps them through such a trying time with as little stress as possible. On the other hand, we do not back down when dealing with an opposition that wants to try to short our clients out of necessary compensation after they have already been through so much.
