Name: LegalService
Brand: WGK Personal Injury Lawyers
Rating: 5 (624 reviews)

Home / Wrongful Death

Have you lost someone in a fatal accident in Baltimore, Maryland? If so, don’t hesitate to contact the award-winning legal team at WGK Personal Injury Lawyers by calling (410) 837-2144. You deserve to be compensated for your tragic loss. Our experienced Baltimore wrongful death attorneys can help you fight to maximize your financial recovery.

For more than four decades, grieving families have turned to WGK Personal Injury Lawyers for help after catastrophic accidents. We’re top-rated Maryland trial attorneys with over 90 years of combined experience. Our determined, passionate approach to litigation has helped us win tens of millions of dollars in life-changing awards for clients like you.

Let us fight to protect your loved one’s name and get justice for their tragic death. Contact our law office to arrange a time for a free consultation.

Table of Contents

How WGK Personal Injury Lawyers Can Help If You’ve Suffered the Wrongful Death of a Family Member in Baltimore, MD

How We Can Help If You’ve Suffered the Wrongful Death of a Family Member

It’s never easy losing a family member. Losing them in a tragic accident or in an act of violence can make it that much harder. And while you may have the right to pursue compensation from an insurance company or at-fault party, it can be an uphill battle.

Give yourself the opportunity to come to terms with your loss and set yourself up for a victory by turning to our Baltimore personal injury lawyers for help.

At WGK, we’re a family. In fact, we’re built by the hard work and determination of three generations of attorneys. When people turn to us for help, they become a part of our family. We do everything in our power to help clients win and make a difference in their lives.

Trust us to:

Investigate your loved one’s death to determine how it could have been avoided
Anticipate attempts to blame your family member for their death
Gather evidence that can be used to support a persuasive legal claim for damages
Bring in expert witnesses to consult and offer testimony on your family’s behalf
Determine what your case is worth
Aggressively seek a meaningful settlement offer during negotiations
Bring your family’s wrongful death lawsuit to a jury, if necessary

We represent families on contingency. You don’t have to worry about finding a way to pay for help. Our fee depends on the outcome of your case. You only pay when we win compensation for your claim.

Contact our law office in Baltimore, MD, today to learn more about how we can help you make the most of a tragic situation. Your initial case assessment is free.

What Is a Wrongful Death Claim?

When someone is injured by another person’s negligent or wrongful actions, they’ll typically have the right to seek compensation through a legal claim for damages. This right doesn’t disappear when a victim dies from their injuries. Instead, the state of Maryland shifts this right to another party.

In Maryland, a wrongful death claim can be brought when a person’s death is the result of an act that would have entitled the victim to file an action and recover damages if they hadn’t died. It compensates the surviving family members for the losses stemming from the untimely death.

A wrongful death action is a civil claim filed for monetary damages on behalf of the family. It’s separate from any related criminal proceedings that may be initiated by the state, which seek to hold the defendant criminally liable.

Types of Wrongful Death Claims in Maryland

At WGK, we represent clients in wrongful death cases who have lost close family members because of:

Car accidents
Truck accidents
Motorcycle accidents
Bicycle accidents
Pedestrian accidents
Uber and Lyft rideshare accidents
Bus accidents
Train accidents
Slip and fall accidents
Construction accidents
Workplace accidents
Medical malpractice
Nursing home abuse
Birth injuries
Dog bites
Defective products
Boating accidents
Negligent security
Assault and battery
Catastrophic injuries, including brain injuries, burn injuries, amputation injuries, and spinal cord injuries

You’ll want an experienced litigator by your side as you fight for the financial justice you need and deserve. Our Baltimore wrongful death attorneys have over a century of combined experience navigating complex legal claims like yours. Let us put the full force of our law firm, resources, and experience to work for you.

Who Can File a Wrongful Death Claim in Maryland?

Only certain people will have the right to file a wrongful death lawsuit after a fatal accident or act of violence in Baltimore, Maryland.

Maryland’s Wrongful Death Act explains that a lawsuit is intended to benefit the victim’s spouse, parent, and/or child. If none of these beneficiaries survive the victim, any relative by blood or marriage can bring a claim.

What Is a Survival Action?

A survival action is filed on behalf of the decedent rather than the surviving family members. It seeks to compensate the estate for the victim’s losses between the fatal injury and death.

For example, a settlement in a survival action might compensate for the victim’s pain and suffering, medical expenses, and lost wages. This is a legal claim the decedent would have filed had they survived their injuries. The damages are paid to the decedent’s estate.

By comparison, a wrongful death claim compensates the surviving family members for the losses they sustained due to the victim’s passing.

Who Can File a Survival Action in Maryland?

The decedent’s estate can file a survival action. Remember, these claims aim to compensate for the victim’s losses rather than the family’s. Thus, the representative of the estate files the claim.

What Is the Average Settlement for a Wrongful Death Claim?

There is no easy answer to this question. The amount you might recover in a wrongful death case depends on various factors.

How old was the victim when they died?
What is your relationship with the decedent? (e.g., child, parent, or spouse)
What kind of financial support did the victim provide to the family? Did you rely solely on their income?
How much did you pay for the funeral or burial?
To what extent did you rely on the victim for emotional support and guidance?

These and many other questions may be relevant to determining what your case is worth. It’s best to work with an experienced attorney to put an accurate dollar figure on your claim for damages.

What Types of Damages Can Be Awarded in a Baltimore Wrongful Death Case?

Wrongful death lawsuits are different from other types of cases. The purpose of a wrongful death claim is to compensate the victim’s surviving family members for the losses they’ve experienced in the wake of their family member’s death. In turn, the types of damages that are awarded in these cases are more limited in scope.

In Maryland, damages aren’t limited to pecuniary losses. Rather, family members can recover economic and non-economic damages for:

Lost financial support, income, and benefits
Funeral and burial expenses
Medical bills and expenses incurred before the victim’s death
Pain and suffering
Mental anguish
Loss of society, companionship, comfort, and protection
Loss of marital care or parental care
Loss of attention, advice, counsel, training, guidance, or education

Punitive damages can also be sought if your wrongful death lawsuit goes to trial. Maryland permits a jury to award punitive damages as punishment when there is clear and convincing evidence of a defendant’s intentional or grossly negligent conduct.

The defense will try to downplay your losses and suffering. They’ll attack your relationship with your late family member. Our wrongful death attorneys in Baltimore will not let them hurt your ability to get the compensation you deserve.

We’ll work closely with experts, particularly as we calculate your damages and determine what your legal action is worth. When it’s time to negotiate, we’ll use facts, evidence, and smart strategies to force meaningful conversations. Our goal is not just to win your case. Our goal is also to maximize your recovery and help you move on.

What To Do If You Suffer the Wrongful Death of a Loved One

In the aftermath of losing someone you love, you’ll likely feel overwhelmed and unprepared to think about legal issues. While the grieving process is necessary, try to take the following steps, especially if you’re about to meet with an attorney.

Gather information and documents pertaining to the death. That might include medical records and bills, the death certificate, and evidence of your funeral costs.
Don’t discuss a potential legal case with the wrongdoer or outside parties other than an attorney.
Consult a lawyer as soon as possible. Procrastination could hurt your case. The quicker you start the legal process, the stronger the evidence will be.

We’re available 24/7 to discuss your wrongful death matter. Contact us when you’re ready to talk.

How To Prove Your Maryland Wrongful Death Case

You’ll typically need to prove the elements of negligence in a wrongful death case. This requires showing that the defendant breached a duty of care to your loved one, causing their death.

The types of evidence that can help you do this will depend on the circumstances of the death. For example, a case involving a fatal motor vehicle accident will require different evidence than a medical malpractice claim.

Evidence in a wrongful death case could include:

Eyewitness statements
Medical records
Physical evidence
A police report and evidence from their investigation
Expert witness opinions
Surveillance of the accident

Working with an attorney is the best way to gather the evidence needed to prove your case.

Can Shared Fault Affect My Family’s Wrongful Death Settlement?

Yes. Maryland’s pure contributory negligence law applies to almost all injury cases, including wrongful death lawsuits. If your loved one is assigned any fault for their fatal accident, you will lose the right to recover compensation.

As a result, it’s common for insurance companies and defendants to point fingers, even if there’s not a shred of evidence to back up their claims of shared fault. Our wrongful death lawyers in Baltimore will be prepared for these tactics. We will work diligently to disprove them and protect your opportunity to get the compensation you need and deserve.

How Long Do I Have to File a Wrongful Death Lawsuit in Maryland?

You’ll need to act quickly if you want to recover compensation after a fatal accident in Baltimore. Maryland has a strict three-year statute of limitations that applies to wrongful death cases.

The three-year clock begins on the date your loved one dies. This may or may not be the date of their fatal accident.

You must file your claim before the statute of limitations runs out. Once time expires, you will no longer have the opportunity to demand accountability for your devastating loss.

Misconceptions About Wrongful Death Lawsuits

There are many misconceptions when it comes to wrongful death actions. Below, we discuss a few.

Those who file wrongful death claims are greedy – This simply isn’t true. Many people who pursue these cases need to do so to keep their families afloat. They may have relied solely on the decedent for financial support. Taking legal action may also provide a sense of closure and justice for surviving family members.
You cannot file a wrongful death claim if the defendant is facing criminal charges – This is incorrect. These are entirely different legal proceedings. A criminal case aims to punish the defendant. A civil case seeks to hold the wrongdoer financially accountable for their actions. Each matter has different burdens of proof, and criminal charges (and a conviction or acquittal) won’t prevent you from filing a claim.
You cannot pursue a case if the death was accidental – This is also untrue. Most wrongful deaths result from negligence, meaning the defendant didn’t intend for the victim to die. Criminal or intentional acts like assault or murder comprise a smaller portion of these claims than accidents like car crashes and workplace injuries.

Don’t let a preconceived notion prevent you from taking legal action after a loved one’s untimely passing. Call our attorneys for guidance.

Schedule a Free Consultation With an Experienced Baltimore Wrongful Death Attorney

If you’re struggling with the sudden and tragic death of a family member in Baltimore, Maryland, it’s time to call WGK Personal Injury Lawyers.

You may be able to pursue compensation from the person or parties responsible for your devastating loss. Money won’t bring your loved one back. However, it can take away the financial burden you experience in the wake of their death. It can also help to get you a sense of justice. Our wrongful death lawyers can help you fight for the accountability you deserve.

Benefit from a trusted legal team with over 90 years of combined experience that’s won tens of millions of dollars in settlements and jury awards. Contact our law office today. Your initial case assessment is free.

Baltimore Wrongful Death Lawyer