Baltimore Wrongful Death Lawyer

Understanding Wrongful Death Claims in Maryland

Families mourning the death of a loved one often have legal options they have not considered. In many cases involving product liability, medical malpractice, vehicle collisions, negligence, and intentional violence, a civil wrongful death suit or even criminal charges may be an option for families who have lost a loved one. Though wrongful death is a relatively new legal construct, it can help families recover damages and come to terms with the seemingly senseless death of a loved one.

What Is a “Wrongful Death”?

The legal term “wrongful death” is one you may not be familiar with. When an unexpected death is “wrongful,” it means that the person’s death was caused by another party’s negligence or unlawful action. Parties can be individuals or business entities. Wrongful death can often be the basis for bringing a suit against the negligent individual or entity. Such suits are filed on behalf of suffering family members who miss the company and support the deceased person would have given them.

Elements of Wrongful Death

Every wrongful death claim hinges on four essential elements. Without these components, your claim’s success in court may be uncertain.

Duty of Care

The foundational element in any wrongful death case is the duty of care. In instances like a fatal car accident, you and your Baltimore personal injury attorney can assert that all involved drivers had an obligation to exercise care toward each other. Likewise, product manufacturers are obligated to ensure consumer safety, while medical professionals are responsible for their patients.

Breach of Duty

Following duty of care, we have the breach of this obligation. This refers to the specific action the responsible party took that directly led to the wrongful death. This action can range from a negligent act like distracted driving to an intentional one like assault. It signifies a breach of the duty of care, ultimately resulting in the tragic event.

Causation

The third crucial element is causation. To establish this, you and your accidental death attorney must demonstrate that the defendant’s actions were a direct cause of your loved one’s passing. Without clear proof of causation, the lawsuit may face significant challenges.

Losses Sustained

Last, it’s essential to demonstrate that the wrongful death of your loved one resulted in tangible losses for you. These may include your loved one’s medical expenses, funeral costs, and lost wages. The passing of a family member can also lead to profound emotional distress. This is why many plaintiffs in wrongful death cases seek compensation for their pain and suffering.

How to Prove Fault in a Wrongful Death Claim

To secure compensation for a family member’s passing, an experienced Baltimore wrongful death attorney must establish that the defendant had a duty of care to the victim and failed to uphold it. Duty of care entails the obligation to safeguard another person from harm.

For instance, if an individual was texting while driving and subsequently caused a fatal accident, they failed to ensure the victim’s safety. In this scenario, a Baltimore wrongful death lawyer must present evidence demonstrating the defendant’s breach of duty. If the lawyer can demonstrate to the court that the timestamps of the text messages align with the time of the accident, it could substantiate a negligence claim.

Types of Wrongful Death Cases

Wrongful deaths can arise from various unfortunate circumstances. Here are some of the more prevalent scenarios leading to wrongful death cases.

1. Vehicular Accidents

Incidents involving cars, trucks, and motorcycles are frequent culprits in wrongful death cases. One reckless driver can trigger an accident, resulting in loss of life. It’s crucial not to excuse negligent behavior. Instead, work with your accidental death attorney to hold them accountable for the accident. For example, when a person died in a crash that involved both a driver under the influence and a problem with the roadway’s surface, the list of those who might be included in the suit could include:

• The driver who was under the influence
• The driver’s employer, if the driver was on the job at the time of the crash
• The designer of the flawed roadway
• The builder of the flawed roadway
• The government agent that did not warn about the road hazard, if applicable.

Additionally, if any of the automobiles were defective and contributed to the death, then the list of entities that could be sued might include the distributor, installer, and manufacturer of the defective automobiles. Examples include seatback failure, fuel-fed fires, fuel tank puncture, defective airbags, vehicle rollovers resulting in roof collapse, defective seatbelts, faulty fuel lines, faulty ignition switches causing power steering and brakes loss, and more.

2. Defective Product Incidents

A faulty product can also be the basis for a wrongful death claim. For instance, if a defective product causes a fire in your home, leading to a fatality, you have grounds to hold the manufacturer responsible. The fact that the flawed product made it to market is evidence of their negligence.

3. Medical Malpractice Incidents

While we place immense trust in doctors due to their extensive education and training, they are not infallible. Mistakes can occur, some of which may have fatal consequences.  Examples of Medical Malpractice include failure to diagnose Cancer and other diseases, failure to timely treat a stroke or hear attach patient, etc.

4. Negligent/Inadequate Security Incidents

Insufficient or negligent security measures can create conditions for a wrongful death incident. For instance, a criminal can fatally harm a patron if a commercial establishment lacks proper security. In some instances, those responsible for security may even contribute to the endangerment of individuals in the establishment.

In the aftermath of such a tragic incident, it’s essential to be prepared to file a wrongful death lawsuit to seek compensation.

What Types of Wrongful Death Claims Can Be Pursued in Maryland?

Maryland’s laws address two types of claims when it comes to wrongful death:

• Survival Actions: These legal actions are brought for the estate of the deceased. Survival actions compensate for expenses related to the wrongful death, such as final medical bills and funeral and burial expenses. Survival actions also pay the estate for any losses the deceased suffered, such as for pain and suffering from the final injury or illness.
• Wrongful Death Actions: Such actions are brought for the deceased’s primary survivors: spouse, parents, and children. These actions compensate the living, not the estate, for losses they have suffered connected to the wrongful death of their loved one. Compensated losses include lost companionship, lost support, and lost wages.

Who Can Recover Damages in a Wrongful Death Suit?

In Maryland, only primary beneficiaries or secondary beneficiaries can file for damages:

Primary beneficiaries are the deceased’s parents, surviving spouse, and children. A primary beneficiary, if living, can file both a survival claim and a wrongful death claim. Any damages awarded go only to primary beneficiaries.

Secondary beneficiaries are brothers and sisters, cousins, nieces and nephews, and other related persons. A secondary beneficiary can file for damages only if there are no primary beneficiaries and the secondary beneficiary is substantially dependent upon the deceased.

There is no wrongful death claim without primary or secondary beneficiaries.

What Is the Average Wrongful Death Settlement?

It’s impossible to predict the exact settlement value in your wrongful death case due to the numerous variables at play. These factors can significantly influence the final settlement amount. However, we can estimate whether the settlement may lean toward a higher or lower value based on key considerations.

These considerations include the expenses incurred for treating the decedent’s injuries while they were alive and the costs associated with their burial. Additionally, the decedent’s financial status, earning potential, and age are crucial factors. These variables help assess the financial loss suffered by your family due to the incident.

Furthermore, the settlement will recognize the emotional impact on the surviving loved ones. This is why intangible losses like loss of companionship, pain, and suffering carry significant weight in wrongful death cases. When all these factors are present in a wrongful death claim, the settlement package will likely lean toward a higher value.

It’s important to note that a settlement package’s value may be reduced to zero if it appears the decedent bears any responsibility for the incident. Maryland operates under contributory negligence, which means that even a small percentage of shared blame can bar the plaintiff(s) from recovering damages.

Are There Limits on Damages in Maryland?

In Baltimore, you can sue for economic damages such as final medical expenses, funeral and burial expenses, lost wages and pensions.  There are no limits on how much can be paid ou t for economic damages.

Maryland does impose limits on non-economic monetary damages, commonly known as “pain and suffering” damages. As of October 1, 2023, the damages cap for a wrongful death case is $935,000, with the survival action damages capped at the same amount.

The wrongful death cap increases to $1,402,000 if there are two or more beneficiaries. Thus, the maximum total non-economic damages (wrongful death and survival action combined) that can be awarded are currently $2,337,500. The cap increases by $15,000 on October 1 of every year. The next cap increase is on Oct. 1, 2024.

What Challenges Do Wrongful Death Cases Face?

Wrongful death lawsuits can culminate in time-consuming and complex jury trials, but they can also often be settled with the help of a wrongful death lawyer. In any case, it is difficult to predict the amount of time or the costs associated with a wrongful death lawsuit since each wrongful death case is unique. The issues might be straightforward (an auto accident where the defendant struck the decedent head-on) or quite obscure (a complex medical malpractice case involving misdiagnosis, multiple treating facilities, and voluminous medical records).

How Can a Baltimore Wrongful Death Attorney Help You?

If you and your family have experienced the loss of a loved one due to someone’s negligent, reckless, or egregious actions, Steven H. Heisler is ready to help. He will help your family seek accountability, justice, and financial restitution from those responsible for this tragic event. This involves:

• Conducting a thorough investigation into the circumstances surrounding your loved one’s passing to determine if someone can be held legally liable for the wrongful death
• Providing guidance on who may have the legal standing to pursue compensation in a wrongful death claim
• Documenting the complete extent of your family’s losses, including medical expenses and funeral costs, and collaborating with financial experts to ascertain your loved one’s anticipated future earnings
• Working alongside expert witnesses, as needed, to construct a compelling and persuasive case demonstrating the other party’s responsibility for your loved one’s passing
• Filing legal claims on behalf of your family and your loved one’s estate with the responsible parties or relevant insurance companies
• Engaging in strong negotiations to secure a settlement offering equitable and comprehensive compensation for your family’s financial and personal losses
• Preparing your case for potential court proceedings and trial should litigation be deemed the most effective path to pursue the recovery and accountability your family rightfully deserves.
• Helping the family open an estate on behalf of the deceased and having a personal representative appointed.  This is required to properly prosectute the wrongful dealth matter.

Frequently Asked Questions

What is the deadline for filing wrongful death lawsuits?

The statute of limitations for wrongful death lawsuits is three years. This means that families seeking rightful compensation must initiate legal proceedings against the accountable party within three years from the date of their loved one’s passing. Failing to meet this deadline typically results in the forfeiture of the right to pursue a lawsuit.

Can minors be beneficiaries in a wrongful death claim in Maryland?

Yes, minors can be beneficiaries in a Maryland wrongful death claim. If a deceased person has surviving children who are minors, they may be entitled to a portion of the damages recovered.

What is the burden of proof in a Maryland wrongful death case?

In a wrongful death case, the burden of proof is typically the preponderance of the evidence, meaning the plaintiff must demonstrate that it is more likely than not that the defendant’s actions or negligence caused the death.

Do I need an attorney to file a wrongful death claim in Maryland?

While it is not legally required to have a lawyer, it is highly recommended to seek the expertise of an experienced wrongful death attorney. Wrongful death cases can be complex, and a lawyer can help ensure your rights are protected and that you have the best chance of a successful outcome.

Contact a Baltimore Wrongful Death Lawyer Today

If your family has suffered the loss of a loved one because of the wrongful actions of another, you have the right to pursue justice and compensation for your loss. Contact Steven H. Heisler at (410) 625-4878 to arrange a free, no-obligation consultation.

Attorney Steve Heisler

Steve Heisler decided in 1996 that he was going to focus his law practice exclusively on injury cases. Since then, he has been representing injured people against insurance companies, disreputable medical practitioners and Big Pharma, and doing it with compassion, honesty and level-headed rationality. [ Attorney Bio ]