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Wrongful Death Cases
When an accident involves death, there are several separate claims that can be made by appropriate parties. One of the claims is known as a wrongful death claim. This claim is one that is provided by statute. Md. Code Ann., Cts. & Jud. Proc., Title 3, Subtitle 9 creates the right to recover for various classes of people in a death case. The primary right to recover belongs to a spouse, parent and child of the deceased. A secondary right to recover may apply to other blood relatives by marriage who may have been substantially dependant on the deceased for support. Under Maryland law, damages for the death of a person are not limited to just the pecuniary loss as is the case in some jurisdictions. Rather, a proper party may also be able to claim what is known as solatium damages. In determining the proper award of damages for a wrongful death claim in Maryland , the jury may consider both economic and non economic losses. The economic loss could include the financial support and the replacement costs of the services the deceased provided and the deceased's earning and future earning capacity for the joint life expectancy of the parties, to determine the amount the survivor would most likely receive. The non economic losses that a jury could award damages for would be the mental anguish, emotional pain and suffering, loss of companionship, comfort, protection, marital care, attention, advice or counsel the surviving spouse has experienced or probably would experience in the future. One of our Maryland wrongful death attorneys can explain all of the potential claims for death benefits in your case.
District of Columbia Wrongful Death actions are brought by the Personal Representative of the estate. The true parties are the surviving spouse and next of kin. The claim is really for losses suffered by them as if they were named in the Complaint. Under the wrongful death action, the Plaintiff can collect as damages amounts for financial losses suffered by the spouse or next of kin, financial support the deceased furnished to each, amounts of the bills for the last illness and funeral bills, amounts the deceased would have paid for the support of a minor until they reached 18 years of age and the amount of support the deceased would have paid to support his/her parents. Other damages under the Wrongful Death actions would include the loss of care, training and guidance and parental advice that would have been provided to a minor until he/she reached 18 years of age. An experienced personal injury attorney will be able to advise you of the damages allowed in your particular case. One of our District of Columbia wrongful death attorneys can explain all of the potential claims for death benefits in your case.
The legal information on this site is not intended to be legal advice. Contact one of our experienced wrongful death attorneys or lawyers today to get specific information and answers for your specific situation.
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