Jill Kolodner | November 28, 2023 | Wrongful Death
If you’ve lost a loved one as a result of another person’s wrongful actions, you may have the opportunity to file a wrongful death lawsuit to recover financially for your losses.
When you consider filing a wrongful death claim, you may wonder about your chances of winning a wrongful death suit and average wrongful death settlements.
A wrongful death attorney can provide more personalized answers to your questions and direction concerning your case during a free consultation. But until then, read on to learn more about wrongful death settlements in Baltimore, MD.
Understanding Wrongful Death Lawsuits
A wrongful death lawsuit is a type of personal injury claim. Personal injury law allows injured victims to file claims against at-fault parties in pursuit of justice and financial recovery.
You may have a valid wrongful death claim if you’ve lost a loved one as a result of another party’s negligent or intentional actions. A wrongful death lawyer can review the specifics of your case to determine whether you have a strong claim and, if so, represent your best interests to help you attain a favorable case result.
Are Wrongful Death Claims Different From Other Personal Injury Claims?
Wrongful death claims differ from other types of personal injury lawsuits. Common personal injury claims include those for auto collisions, pedestrian accidents, and premises liability incidents.
In a regular personal injury claim, the actual accident victim would be filing a claim on their own behalf. When a wrongful death case arises, the victim has already passed and cannot file their own claim. Instead, their family files a lawsuit to recover monetarily for their losses.
How Wrongful Death Cases Arise
A wrongful death claim involves a victim who has passed away due to another party’s wrongdoing. These cases can arise for several reasons, including, but not limited to:
- Vehicular collisions, including car and truck accidents
- Slip and falls
- Nursing home abuse
- Product liability
- Medical malpractice
These and other situations could result in the death of a victim. When a death occurs and someone else is to blame, the victim’s family could have a claim for wrongful death.
Who Can File a Wrongful Death Claim?
In many states, only a deceased victim’s personal representative can file a wrongful death claim on behalf of the family. Maryland law is not so strict.
Instead, the deceased victim’s family members, including parents, spouse, or children, can file a wrongful death claim. If the victim didn’t have immediate family, any person who was substantially dependent on or related to the victim by blood or marriage could file a lawsuit.
Time Limits for Wrongful Death Lawsuits
The thought of dealing with a legal battle while recovering from a great loss is often inconceivable. Still, Maryland law only gives surviving family members a limited amount of time to pursue compensation for their losses.
In Maryland, you only have three years from the date of your loved one’s death to file a wrongful death lawsuit. The exception is if the victim passed away from an occupational disease.
Occupational diseases are often difficult to discover, and a person may live with a deadly disease for many years without knowing it. For this reason, a victim’s family has 10 years from the date of death or three years from the date the occupational disease was discovered to be the cause of death, whichever is sooner.
Failing to file your lawsuit within the time limit can result in forfeiting your right to compensation. Therefore, it’s critical to seek legal guidance soon after the loss of your loved one.
Is There an Average Settlement for Wrongful Death Claims in Baltimore?
When you file a wrongful death claim, you’ll likely have many questions. Among these, you may wonder what an average wrongful death settlement looks like in Baltimore. In reality, there is no “average” settlement amount for wrongful death claims.
Every wrongful death victim and case is unique. Because of this, wrongful death settlements vary greatly from case to case. Therefore, calculating an exact wrongful death lawsuit settlement average amount is challenging.
A wrongful death attorney can provide information regarding potential compensation for your case. Once they’ve thoroughly reviewed the details of your situation, they can give you a personalized answer, providing you with a better idea of the type of settlement you may be able to expect.
Compensation You Can Recover for the Wrongful Death of a Loved One
Damages for your wrongful death suit aim to compensate you for the losses you’ve experienced after the death of your loved one. The damages you can pursue are dependent on the details of your case.
Wrongful death damages can be economic, representing your tangible losses, and non-economic, for your intangible losses. Economic damages include:
- Funeral and burial expenses
- Expenses for medical treatment the victim received before their passing
- Lost earnings
Non-economic damages could include:
- Pain and suffering
- Mental anguish
- Loss of guidance
- Loss of consortium
It’s important to note that some states, including Maryland, put a cap on non-economic damages, and those caps change every so often.
Factors That Influence the Value of a Wrongful Death Claim
Every wrongful death claim has a specific value, which can be determined by examining certain factors. Some of the factors that help calculate how much a wrongful claim is worth include:
- How the victim died
- Whether the victim lived for a while or died right away
- The total medical expenses for the victim’s healthcare
- The value of the victim’s lost wages and benefits
- How the loss has affected the victim’s family mentally and emotionally
By examining the specifics of your wrongful death claim, your attorney can better determine the value of your claim and give you an idea of how much your claim could settle for.
How a Baltimore Wrongful Death Attorney Can Help
Hiring a wrongful death attorney can significantly increase your chances of winning a wrongful death suit. They can accurately determine the value of your losses and fight aggressively for your right to fair compensation.
Contact the Baltimore Wrongful Death Law Firm of WGK Personal Injury Lawyers Today For Help
For more information contact the Baltimore wrongful death law firm of WGK Personal Injury Lawyers to schedule a free initial consultation.
WGK Personal Injury Lawyers
14 W Madison St,
Baltimore, MD 21201
(410) 837-2144
WGK Personal Injury Lawyers – Dundalk Office
7329 Holabird Ave Suite 3,
Dundalk, MD 21222
(410) 970-3080