Wrongful Death: Getting Justice In Maryland

When a baby died in the daycare due to unsafe sleeping conditions, his mother filed a wrongful death lawsuit.  When a woman was killed by police, her family filed a wrongful death lawsuit.  When a child fell to her death on an amusement park ride, her family filed a wrongful death lawsuit. When a man died after having medical attention delayed while being booked into jail, his widow filed a wrongful death lawsuit. Each of these situations is wildly different, yet the same legal remedy is offered to each: a wrongful death lawsuit.

Understanding the Concept of Wrongful Death 

Wrongful death lawsuits are available when individuals die as a result of negligence or disregard by another person or organization.  Under Maryland’s wrongful death statute, families who lose a loved one under such circumstances may seek compensation in two distinct categories:

• Economic damages: These are the actual costs associated with a death, and often go far beyond medical and funeral expenses. Other real costs include the loss of future wages, and costs associated with tasks the deceased would normally have taken care of that will now have to be hired out, such as lawn care, home maintenance, and childcare.
• Noneconomic damages: Damages may be awarded to address the emotional pain and suffering brought on as a result of the wrongful death.  Issues include loss of companionship, loss of guidance, loss of society, and more. Essentially this portion of an award is designed to assist loved ones with their anguish and any issues that are not related to the financial or economic loss. Currently this compensation may not exceed $650,000 (Maryland 3-2A-06).

Who can File a Suit? 

There are limits as to who is eligible to file a wrongful death lawsuit. Maryland § 3-904 specifies that parents of minor children, spouses of deceased, and unmarried children in limited circumstances may file such a case.  This can sometimes become complex if there is a mix of children, stepchildren and/or half-siblings. If the deceased has no such relatives, others who rely on the deceased and have a marital or blood relationship may make such a claim.

Statute of Limitations 

There is a three-year time limit related to these lawsuits, making it essential that claimants proceed quickly after an unexpected death.

You Need an Aggressive Attorney 

You are bereft. The last thing you want to think about is sitting in a courtroom to listen to the excuses a negligent defendant spins out.  Nevertheless, you are more than likely entitled to compensation for your losses.  Now, more than ever, having a compassionate, yet knowledgeable and aggressive wrongful death attorney fighting on your behalf could make a huge difference in your standard of living going forward.  At The Law Office of Hammad S. Matin, P.A., you can count on committed and thorough representation from our La Plata & Waldorf personal injury attorneys.  To discuss your options, schedule a confidential consultation in our office today.