Bowie Wrongful Death Lawyer
If a sudden accident took a close family member from you recently, you unfortunately know all too well how insubstantial words can be to express the pain your loss has caused you and the rest of your loved ones. In the same vein, it is understandable to feel that no amount of money could possibly fill the hole left behind in your life, especially if that hole only exists because another person failed to act responsibly.
While it is certainly true that financial recovery cannot address every form of harm a family member’s death will result in, pursuing fair civil compensation with assistance from a Bowie wrongful death lawyer could go a long way towards protecting your long-term financial security following such a tragic accident. During a confidential consultation, a compassionate personal injury attorney could discuss your legal options with you and identify the best path for your family to take at this time.
Recoverable Damages Following a Wrongful Death
Under Maryland Code, Courts & Judicial Proceedings §3-902, a civil “action”—meaning the grounds for a civil lawsuit or settlement demand based on someone else’s negligence—“survives” the death of the prospective plaintiff for such a claim, the prospective defendant, or both. In practice, this means that surviving family members of someone who loses their life in an accident may file suit for damages they have sustained and will sustain because of their loved one’s death, even though they were not directly involved in the fatal accident in question.
Through a successful claim, a Bowie wrongful death attorney could help demand financial restitution for some or all of the following damages:
- Lost future financial support the decedent would have provided for their family
- Lost companionship, comfort, and/or protection
- Lost advice, guidance, attention, and/or emotional support
- Lost parental, marital, and/or filial care
- Mental and emotional anguish
Recovery for damages sustained by the decedent or their estate directly may be recoverable through a separate but related claim called a “survival action,” which a legal professional could explain more detail if applicable.
Rules for Wrongful Death Litigation in Bowie
The right to pursue civil litigation after a fatal accident initially lies with the decedent’s surviving spouse, parents, and/or children. If none of those parties are available or if none of them elect to pursue litigation, the right to file suit passes to any blood or marital relative of the decedent, as well as to anyone who claimed financial dependency on the decedent before their death.
Additionally, for wrongful death claims filed after October 1, 2020, MD Code, C&JP §11-108 caps recovery for non-economic losses at $890,000 if there is only one beneficiary pursuing the claim and at 150 percent of this amount—or $1,335,000—for claims with multiple beneficiaries. Finally, as a wrongful death lawyer in Bowie could affirm, MD Code, C&JP §3-904 sets an effective filing deadline of three years following a decedent’s date of death for most forms of wrongful death litigation.
A Bowie Wrongful Death Attorney Could Help Pursue Recovery
Undertaking civil litigation may be the last thing on your mind immediately after losing a family member to a fatal accident, but it can also be a crucial way to protect yourself from the financial repercussions of such a catastrophic incident. That being said, it is also not something you should try to accomplish alone, especially while you are still processing your grief and heartache.
An experienced Bowie wrongful death lawyer could work with you to seek the compensation you deserve while also minimizing additional stress on your family and yourself. Call today to schedule a meeting.
