If you suffer an injury because another person was negligent or intended to hurt you, you may be able to file a personal injury claim to obtain compensation. A wrongful death claim is like a personal injury claim where the injured person is incapable of filing the claim themselves. If you have lost a loved one because of someone else’s actions, you may be able to file a claim — but only if you had a particular relationship to the deceased person. Who can file a wrongful death claim in Maryland? Here’s a closer look.
Losing a loved one is always tragic, but if another person’s negligence caused that death, it only adds to the grief you’re experiencing. A wrongful death settlement may be able to support you as you grieve.
When Can You File a Wrongful Death Claim?
Was Your Loved One Killed Intentionally or Through Negligence?
Because a wrongful death claim is similar to a personal injury lawsuit, the circumstances where you can file a wrongful death suit are similar. There are three main situations where you may be able to file a wrongful death lawsuit — death through negligent acts, death through medical malpractice, and death through intentional acts.
Negligent Acts
This is the situation most people imagine when they think of wrongful death lawsuits. For example, if your loved one is killed in a car accident caused by someone who was drinking, texting, or both while behind the wheel, the other driver’s negligence caused the death. As a result, you could likely file a wrongful death claim against the other driver.
Medical Malpractice
Sometimes, if you lose a loved one due to serious medical negligence, you can file a wrongful death lawsuit. However, this area of the law is incredibly complex, and not every medical error indicates malpractice. If your loved one has died as a result of a medical error, an experienced wrongful death lawyer can take a look at your case and tell you whether it’s in your best interests to file a lawsuit.
Intentional Acts
You may be familiar with cases where a defendant is acquitted of murder in a criminal trial but the family of the deceased person is awarded a settlement in civil court. That might seem counterintuitive, but it comes down to the standard set in each case. For a defendant to be proven liable in civil court, their guilt doesn’t have to be proven beyond a reasonable doubt as it would in a criminal trial. If there is a “preponderance of evidence” suggesting the defendant was responsible for the death, that is enough for you to win a wrongful death lawsuit.
Have you lost a loved one due to someone else’s actions? Call Steve Heisler at (410) 625-4878 to book a free consultation.
Who Can File a Wrongful Death Claim in Maryland?
It’s a common misconception that any loved one can file a wrongful death claim on behalf of someone who has been killed. Maryland law outlines who is eligible to file wrongful death claims, and it also establishes a hierarchy of who can file a claim if multiple people are eligible. These people have the right to file a wrongful death lawsuit under Maryland law:
- Parents of the deceased person
- Children of the deceased person
- The spouse of the deceased person.
What happens if the person has no surviving parents, children, or spouse? In this case, more distant relatives — including anyone related to the deceased person by blood or marriage — may be able to file a claim. However, there is a caveat: In order to be eligible to file a wrongful death claim, you must have been dependent on the deceased person in a substantial way.
For example, if your sibling is killed in an accident with a drunk driver but you do not receive money or support from that sibling, you cannot legally file a wrongful death claim. However, if your cousin is killed in a similar accident and that cousin has been covering the majority of your living expenses, you may be able to file a wrongful death claim.
Types of Compensation You May Be Able to Receive
The kinds of damages you can recover in a wrongful death case vary from state to state. However, Maryland allows you to recover more kinds of compensation than many states. These are some of the types of compensation you might be eligible to receive:
Medical Costs Before Your Loved One’s Death
If your loved one was hospitalized or received extensive medical care before death, you may be saddled with enormous bills that are difficult or impossible to pay. It’s only right that the person responsible for your loved one’s death is held responsible for the financial fallout.
Loss of Financial Contributions
If you depended on your loved one’s income to survive, you may be facing a precarious financial situation. In some cases, wrongful death compensation is intended to make up for some of the income your loved one would have continued to contribute if they had lived.
Loss of Parental Care or Companionship
Parental care and companionship are some of the “non-economic damages,” or intangible losses, that wrongful death settlements and verdicts attempt to compensate you for. However, Maryland limits the total non-economic damages you can collect in a wrongful death case. The cap is raised on October 1 of each year. As of October 1, 2024, the cap on non-economic damages in a wrongful death case is $950,000 if there is one claimant. For cases with more than one claimant, the limit is $1,425,000.
Mental Pain and Suffering
There is no way money can bring your loved one back. However, wrongful death settlements attempt to compensate you for emotional pain and grief.
Considering Filing a Wrongful Death Claim?
Attorney Steve Heisler Is Here for You
If you’re reeling from the loss of a loved one, it might feel next to impossible to get through daily life. However, if Steve Heisler takes on your case, you can be assured that he’ll handle the logistics of your case. Steve fights for each client like they’re family, and he has the case results to prove it. Money can’t bring back a loved one you’ve lost, but it can help you cover routine costs and support yourself as you grieve.
If your loved one has died because of another person’s actions, the person at fault should be held accountable. If you are thinking about filing a wrongful death claim, call Steve Heisler at (410) 625-4878 today.