Losing someone you love is devastating, especially if their death was due to someone else’s negligence. In Maryland, the law allows surviving family members to file a wrongful death claim. These claims provide financial compensation to help families cope with their loss.
While no amount of money can truly replace a loved one, a wrongful death lawsuit helps ease some of the burdens you face. Here’s what you need to know about the types of damages available in Maryland wrongful death cases.
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Economic Damages in a Maryland Wrongful Death Claim
Economic damages are meant to repay your family for the measurable financial losses you’ve suffered due to your loved one’s death.
These losses typically include:
- Lost wages and future earnings: Compensation for the income your loved one would have earned throughout their lifetime had they lived.
- Medical expenses: Reimbursement for medical bills incurred prior to your loved one’s passing.
- Funeral and burial costs: Coverage for reasonable funeral expenses, including the burial or cremation.
- Loss of benefits: The value of lost healthcare coverage, retirement benefits, pensions, or other employment-related perks your family relied upon.
Economic damages are often easier to calculate, but disputes can still arise. Having an experienced Maryland wrongful death lawyer on your side can ensure these damages are fully accounted for.
Non-Economic Damages Available in Maryland
Non-economic damages cover losses that aren’t as easy to measure financially but still significantly impact your family’s life.
These include:
- Pain and suffering: The emotional anguish and trauma survivors experience due to losing their loved one.
- Loss of companionship: Compensation for the loss of emotional support, care, guidance, and the overall presence of your loved one in your life.
- Mental anguish: Emotional pain caused by grief, stress, and other psychological effects of the wrongful death.
Maryland has caps on non-economic damages, meaning the state limits the total amount you can receive for these losses. Your attorney can help you understand how these caps might apply in your case.
Punitive Damages in Maryland Wrongful Death Claims
Punitive damages aren’t awarded often, but they might apply in special situations. Maryland law allows punitive damages only in cases where the responsible party acted with actual malice, deliberately harming the victim, or showing reckless disregard for their safety.
For instance, punitive damages may be awarded in cases involving intentional acts or extreme negligence, such as drunk driving. The purpose of these damages is to punish the wrongdoer rather than solely to compensate the victim’s family.
If your case involves especially egregious behavior, your wrongful death lawyer can evaluate whether punitive damages might be available.
Who Can Claim Damages in a Maryland Wrongful Death Case?
Maryland law specifically defines who can file a wrongful death claim.
Typically, the following family members have this right:
- Spouse
- Children
- Parents
If no primary family members exist or choose to file, secondary beneficiaries like siblings or cousins might become eligible. It’s important to consult a lawyer promptly to determine if you qualify to file a claim.
Factors That Affect Damages in a Maryland Wrongful Death Case
Each wrongful death case is unique, and several factors can affect the amount of damages awarded.
Common considerations include:
- Age of the deceased
- Income of the deceased
- Identity of the responsible party
- Circumstances of the death
- Family dynamics
- Insurance policy terms and limits
- Contributory negligence
An experienced wrongful death attorney can assess these factors thoroughly, ensuring you pursue fair compensation for your loss.
How Long Do You Have to File a Wrongful Death Claim in Maryland?
Maryland has a strict deadline called the statute of limitations for wrongful death lawsuits. Generally, you must file your claim within three years of your loved one’s death. Missing this deadline usually means forfeiting your right to recover damages.
This makes it essential to seek legal assistance quickly. Your attorney will ensure all deadlines are met, protecting your family’s rights.
How an Experienced Maryland Wrongful Death Lawyer Can Help
Navigating a wrongful death claim can be complicated, especially when you’re grieving.
A skilled Maryland wrongful death attorney can support you by:
- Carefully investigating the accident and gathering critical evidence
- Calculating both economic and non-economic damages accurately
- Negotiating aggressively with insurance companies and opposing counsel
- Preparing your case for court if settlement negotiations stall
A knowledgeable lawyer gives you peace of mind, allowing you to focus on your family’s emotional recovery while they handle the legal details.
Contact Our Maryland Wrongful Death Attorneys Today for a Free Consultation
If you’ve lost someone you love due to negligence, you deserve compassionate legal support. Our experienced Maryland wrongful death lawyers at WGK Personal Injury Lawyers are here to help you seek justice and fair compensation for your loss.
Contact us today at (410) 837-2144 to discuss your case and learn how we can guide you every step of the way.
