Losing a loved one is an unimaginably difficult experience, especially when it results from someone else’s negligence or misconduct. At Shultz Legal, we understand the profound impact of such a loss on your life, and we are committed to providing compassionate and effective legal representation in wrongful death cases.
We work tirelessly to hold responsible parties accountable, allowing you to focus on healing and honoring the memory of your loved one.
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Suffering the loss of a loved one is a harrowing experience.
Not only are you dealing with a tremendous emotional burden, but you may now face financial troubles as well.
The inability to earn a living can lead to financial instability and an uncertain future. When facing these challenges, it is crucial to seek the assistance of a wrongful death attorney in Maryland.
– Jason Shultz
How To Know When You Have A Wrongful Death Claim In Maryland
In Maryland, a wrongful death claim is a type of civil lawsuit that can be filed when a person’s death is caused by the negligence or misconduct of another party, as defined by the Maryland Legal Code §3–902. This means that if the death of your loved one was caused intentionally or by the negligence of another, you have grounds to sue through the civil courts of Maryland for wrongful death.
The types of circumstances that can lead to a wrongful death claim are varied and include:
Medical Malpractice: This occurs when a healthcare professional’s negligence or failure to provide adequate care leads to the patient’s death. It requires establishing a breach of duty of care and a direct link between the healthcare professional’s actions and the patient’s death.
Product Liability: Manufacturers have a duty to ensure their products are safe. A wrongful death claim can arise if a product is defective due to design flaws, manufacturing defects, or inadequate warning labels, and this defect leads to a person’s death.
Car and Motorcycle Accidents: Accidents caused by negligent driving often result in wrongful death claims. These claims allege that the decedent’s death would not have occurred but for the negligence of another person or entity, such as a reckless or intoxicated driver.
Workplace Accidents: These can occur in industries where occupational hazards are present. If an employer fails to maintain safety standards, resulting in a fatal incident, a wrongful death claim may be filed.
Criminal Behavior: If a person dies as a result of criminal actions, a wrongful death claim can be pursued alongside or independently of any criminal proceedings.
Death during Supervised Activities: This can include scenarios where the death occurred due to negligence or misconduct during activities under supervision, such as school outings or organized sports.
How Much Is a Wrongful Death Lawsuit Worth in Maryland?
The worth of a wrongful death lawsuit in Maryland can vary significantly based on the specifics of each case. The settlement amounts can range widely depending on factors like the circumstances of the death, the age and health of the decedent, and the impact on surviving family members.
In Maryland, there are statutory caps on non-economic damages in wrongful death lawsuits, which are adjusted annually for inflation. Non-economic damages refer to intangible losses such as pain and suffering, loss of companionship, and emotional distress.
For wrongful death cases with a single beneficiary, the cap on non-economic damages in Maryland is $935,000 as of 2023. This amount is subject to annual adjustments to reflect inflation. In cases where there are two or more beneficiaries, the cap on non-economic damages increases significantly. As of 2023, for wrongful death cases with two or more beneficiaries, the cap is set at $2,262,500.
It’s important to note that these caps apply only to non-economic damages. There is no cap on economic damages, which cover financial losses like medical expenses and lost income, or on punitive damages in Maryland.
The purpose of these damage caps is to limit the amount of compensation a plaintiff can receive for non-economic damages in personal injury lawsuits. This legislation was enacted as a result of lobbying by insurance companies and healthcare providers to control the costs of litigation and insurance.
Each wrongful death case is unique, and the actual compensation might be influenced by various factors, including the specifics of the case and the number of claimants. Therefore, it’s crucial to consult with an experienced wrongful death attorney to understand how these caps may apply to your specific situation and to navigate the complexities of the legal process.
Who Can File a Wrongful Death Lawsuit in Maryland?
In Maryland, a wrongful death claim can be filed by the deceased person’s spouse, parents, or children. If none of these relatives are alive, then any person related to the deceased by blood or marriage who was substantially dependent on the deceased may file the claim. The claim must be filed within three years of the date of death.
The damages recoverable in a wrongful death action can include compensation for mental anguish, emotional pain and suffering, loss of companionship or consortium, as well as specific economic damages such as lost wages and support.
What Is The Burden of Proof For Wrongful Death?
The burden of proof in a wrongful death case is typically “preponderance of the evidence.” This means the plaintiff must show that it is more likely than not that their loved one’s death was caused by the defendant’s actions. This standard is less stringent than the “beyond a reasonable doubt” standard used in criminal cases, but it still requires a demonstration that the defendant’s negligence or intentional act was the direct cause of the death.
Call Our Team Of Maryland Wrongful Death Attorneys Today
If you or someone you know is facing the difficult aftermath of a wrongful death, it’s crucial to have the right legal support. Shultz Legal is here to help. You can call us at 410-401-1799 for a free consultation to discuss your wrongful death case.
We’ll provide the guidance and expertise you need during this challenging time. Don’t hesitate to reach out and get the support you deserve.
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Areas We Serve In Maryland
- Owings Mills
- Ellicott City
- Glen Bur
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