An accident that results in someone’s death leaves holes in the lives of that person’s family members and friends that no amount of money or well wishes can fill. In light of that, you may understandably have reservations about pursuing civil litigation against the party responsible for your loved one’s premature death, given how little they could do in practical terms to truly erase their mistake.
While wrongful death litigation cannot change the past, a Potomac wrongful death lawyer could help ensure your family does not bear the financial consequences of another person’s irresponsible actions. By working on your behalf to pursue fair restitution for losses stemming from a wrongful death, your dedicated personal injury attorney could protect your future prospects and best interests while giving your family the space and time it needs to grieve.
What Could Serve as Grounds for a Wrongful Death Claim?
According to Maryland Code, Courts & Judicial Proceedings §3-902, it is possible to “maintain” a cause of civil action against someone who causes a fatal accident. This means that grounds for a potential personal injury claim remain valid even if the plaintiff and/or defendant loses their life as a result of the defendant’s actions.
By necessity, though, the responsibility of filing a lawsuit over a wrongful death falls to the decedent’s surviving family rather than the person directly impacted by the defendant’s negligence. More specifically, MD Code, C&JP §3-904 allows the right to file suit over a fatal accident to pass to a deceased victim’s spouse, parent, or adult child.
With these qualifying factors in mind, any incident that could have given rise to a personal injury claim had the impacted party survived their injuries could also justify a wrongful death claim. A Potomac wrongful death attorney could help pursue legal action following a fatal auto accident, trip or slip and fall, instance of medical negligence, or any other type of incident.
Recoverable Damages following a Fatal Accident
Rather than recovering for losses sustained by the direct victim of a reckless or careless act, a wrongful death claim allows recovery by surviving family members for damages they have sustained and will sustain as a direct consequence of losing their loved one. A deceased person’s estate representative may pursue restitution for financial and personal losses experienced by the decedent prior to death through a separate but related claim called a survival action
Specific damages that a dedicated lawyer might be able to factor into a wrongful death claim in Potomac include:
- Lost financial support from the decedent
- Lost companionship and comfort
- Lost marital, filial, and/or parental care
- Lost guidance, counsel, advice, and support
- Emotional and psychological suffering
Notably, though, state law limits recovery for subjective “non-economic” losses in this type of claim to $845,000—as of October 1st, 2020—if there is just one claimant, and MD Code, C&JP §11-108 caps recovery at 150 percent of this amount for cases with multiple beneficiaries.
Discuss Legal Options with a Potomac Wrongful Death Attorney
Losing a family member before their time is a tragedy no matter the circumstances involved in it. However, finding out your loved one’s death stems from preventable negligence can be an uniquely upsetting experience, and effectively pursuing compensation from that negligent party can be procedurally and emotionally challenging.
Assistance is available from a compassionate Potomac wrongful death lawyer who knows how hard these claims can be to pursue and could work diligently to offer your family the support it needs and deserves. Call to schedule a private consultation.
