When a person is injured due to negligence or malpractice, a personal injury claim can be made to recover damages. But when a person dies due to their injuries, families are left with picking up the pieces. Wrongful death claims enable the family of the deceased to seek compensation from the wrongdoer, which can help them recover financially from the loss of their loved one.
Can You File A Wrongful Death Claim?
In the state of Maryland, spouses, parents, and children of the deceased each separate and independent rights to file wrongful death claims. If the deceased did not have a surviving spouse, child, or parent, any other person who is related by blood or marriage could pursue a wrongful death claim if they were substantially dependent upon the deceased.
Limits On Damages
There are limits on damages you can receive in a wrongful death claim in the state of Maryland. These limits include a cap on the total amount of recovery in a suit and a cap on the amount awarded if there are two or more claimants.
Maryland allows up to three years after the date of a person’s death for a wrongful death claim to be made, regardless of when the act that caused the wrongful death occurred. This means even if the act occurred well in advance of the actual death, it doesn’t affect the three-year time limit.
This distinction can be vital when a person was wrongfully injured or harmed and survived, yet passed away at a later date due to the injuries. Wrongful death claims could be made by family members even if the deceased did not file lawsuits against the wrongdoer during their lifetime.
Compensation For Loss
The point of a wrongful death claim is to remedy the deceased’s survivors’ pain and suffering. While no amount of financial compensation will genuinely make the survivor’s life whole after a loved one’s death, compensation for emotional distress and financial distress can provide the assistance needed to move forward in life without the deceased.
In a wrongful death claim, it is critical to have legal representation. Attorneys who specialize in personal injury and wrongful death claims have the experience and knowledge necessary to navigate the legal process successfully.
If you are faced with a situation in which you feel wrongful death occurred, contact Dubo Law LLC. for consultation.