Germantown Wrongful Death Lawyer
Unfortunately, the consequences of losing a loved one to a fatal accident often extend far beyond the devastating emotional burden it leaves on surviving family members. On top of immense grief and pain, this type of incident can also result in substantial financial losses and hardships, especially if the deceased individual was the primary source of income for the family they left behind.
No matter what specific impacts your loss has had or will have on your family, a Germantown wrongful death lawyer could potentially help you demand fair financial restitution for them from the party responsible for your family member’s accident. Litigation of this nature can be both procedurally and emotionally complicated, so having guidance and support from a compassionate personal injury attorney may be key to proceeding through it efficiently and proactively.
Basic Rules for Wrongful Death Litigation
As per Maryland Code, Courts & Judicial Proceedings §3-902, a cause of action arising from an act of negligence or some other wrongful act “survives” the death of anyone who would otherwise be party to an ensuing lawsuit. This means that individuals who cause fatal accidents can still bear civil responsibility for the consequences of that accident, even if they too lost their lives as a result of their own irresponsibility.
MD Code, C&JP §3-904 limits the right to pursue a wrongful death claim on a deceased person’s behalf to the decedent’s spouse, children, and/or parents. If none of those parties are available, the right to file suit passes to any relative of the decedent by blood or marriage who was significantly dependent on the decedent for financial or personal support.
This section of state law also sets an effective filing deadline for wrongful death litigation of three years from the decedent’s date of death, with exceptions made for deaths stemming from “occupational diseases.” A Germantown attorney could explain these and other regulations for wrongful death claims during a confidential consultation.
How State Law Restricts Wrongful Death Recovery
The purpose of a wrongful death case is to allow financial recovery by surviving family members of the deceased for losses they experienced as a direct consequence of their loved one’s untimely death. With that in mind, recoverable damages in a successful claim may include but are not limited to:
- Lost marital, prenatal, and/or filial care
- Lost companionship, protection, and comfort
- Lost advice, counsel, and guidance
- Mental and emotional suffering
- Lost future financial and/or household support from the decedent
Notably, though, MD Code §3-2A-09 limits recovery for non-economic forms of harm stemming from a wrongful death to $890,000—as of October 1, 2020—if there is only one beneficiary seeking restitution for those losses. If a wrongful death claim has two or more beneficiaries, MD Code, C&JP §11-108 expands this cap by 150 percent to $1,335,000, meaning the maximum amount recoverable for non-economic harm through both a wrongful death claim and a survival action combined is $2,225,000. Once again, a wrongful death lawyer in Germantown could go over how these rules might impact recovery in a particular case.
Talk to a Germantown Wrongful Death Attorney About Legal Options
Wrongful death litigation may understandably feel like an unnecessary hassle to go through immediately after a loved one’s death. However, while it is true that no amount of money could replace the life of your family member, the purpose of a wrongful death claim is not to even attempt to do so, but instead to protect you and your family from the financial repercussions that this tragic incident may have on you.
A Germantown wrongful death lawyer could work diligently on your behalf to pursue fair compensation while preserving your family’s privacy and prioritizing your needs. Call today to learn more.
