When a family member dies due to the actions of another, the surviving family members suffer indescribable grief. While nothing can replace a loved one’s life, surviving family members can seek justice on behalf of their loved ones through a wrongful death lawsuit.
Wrongful death lawsuits are complex cases to litigate, which is why representation by an experienced Glen Burnie, Maryland wrongful death lawyer, an unfortunate necessity after losing a loved one. The attorneys at Portner & Shure, P.A. have been litigating complex cases for more than 30 years. Our attorneys know that the death of a loved one is worsened when it occurs because of another person’s negligence. Our attorneys have an excellent record of obtaining justice for our clients. We have recovered over $400 million on behalf of our clients.
For a free consultation, call us at or contact us online.
Maryland Wrongful Death Law
A wrongful death lawsuit is comprised of two separate legal claims: a survival action and a wrongful death claim. A survival claim is made by the victim’s estate and effectively acts as a personal injury claim that the victim could have brought themselves had they not died. A wrongful death claim is made by the victim’s surviving family and is based on the losses they sustained because of the loss of their loved one.
Common Causes of Wrongful Deaths
A variety of negligent actions can result in a person losing their life such as:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Medical malpractice
- Industrial accidents
Damages Recoverable Due to The Wrongful Death of Your Loved One
If your loved one died prematurely due to the wrongful and negligent actions of another, Maryland law allows family members to make claims for economic damages such as a victim’s medical bills and lost wages, and non-economic damages such as pain and suffering. In a wrongful death case, Maryland State law caps the amount of money that can be awarded for non-economic damages such as pain and suffering. The cap increases each year. There is no cap for economic damages.
With regards to a survival claim, the victim’s estate can seek monetary compensation for the pain and suffering their loved one experienced before his or her death. In a wrongful death claim, the victim’s family members can seek monetary compensation for the loss of income, companionship, income, and emotional support that the victim provided.
Litigation & Defenses
Insurance companies fiercely defend wrongful death claims. To win a wrongful death lawsuit, the surviving family must prove their case by a preponderance of the evidence. The defense attorneys hired by insurance companies do everything in their power to prevent the surviving family from meeting this burden. In so doing, they often add insult to injury.
Defense attorneys often raise a variety of legal defenses available under Maryland law such as contributory negligence and assumption of risk. The defense of contributory negligence prevents recovery if the opposing party proves that the victim’s actions contributed to their injuries. The defense of assumption of risk also prevents a person from recovering anything if the opposing party proves that the killed person knew of the risk, understood the risk, and despite having knowledge of the risk still undertook the action.
Why Hire Portner & Shure, P.A.?
A wrongful death case is a difficult and stressful process. Insurance companies and their attorneys will make it even more difficult. Representation by an aggressive Glen Burnie, Maryland wrongful death lawyer is highly recommended in every case.
The experienced attorneys at Portner & Shure, P.A. have spent more than 30 years battling insurance companies and their attorneys. We will do our best to shield additional stress from your family. Insurance companies know who we are and the results we have obtained in past surgical and wrongful death cases. Let us use our experienced reputation for your benefit. Based on results obtained on behalf of our clients, Portner & Shure, P.A. is a member of the Multi-Million Dollar Advocates Forum®.
All personal injury representation is performed on a contingency fee basis. Portner & Shure, P.A. receives no fee unless we obtain a settlement or judgment on your behalf in court.
To schedule a free consultation regarding your Glen Burnie wrongful death case, call us at or contact us online. In fact, we have handed numerous Maryland wrongful death cases for clients who Speak English, Spanish, Chinese (Mandarin and Cantonese), Vietnamese, and Korean.
