In a wrongful death case, the amount a family may sue for depends on several factors, including the circumstances of the death and the financial impact on the family. Compensation can cover a wide range of wrongful death damages, such as medical expenses, lost income, and emotional suffering.
Each case is unique, and the total amount sought can vary widely based on the specific details involved. For a better understanding of how much you could sue for, we advise consulting with a wrongful death lawyer in Maryland. They can answer your questions and guide you through the legal process to ensure your case is handled with care.
You May Sue for the Full Value of Your Economic Damages in a Wrongful Death Case
Economic damages in a wrongful death case refer to the tangible financial losses that the deceased’s family may experience due to the wrongful death. These damages are intended to compensate for the monetary impact the death has had on the survivors. Maryland families may pursue the full value of their economic damages.
Common Types of Economic Damages
Families may seek fair compensation for several types of economic damages, including:
- Medical Expenses: Medical bills incurred for the deceased’s care prior to death, including hospital bills, surgeries, and emergency services
- Funeral Costs: Burial expenses related to your loved one’s interment
- Loss of Income and Benefits: The deceased’s wages and benefits if they had lived, including potential future earnings
- Loss of Services: The monetary value of household services the deceased would have provided, such as childcare, home maintenance, or other contributions to the household
- Loss of Inheritance: The potential inheritance lost due to the premature death of the deceased
Economic damages are a critical part of a wrongful death lawsuit, as they help to quantify the financial impact of the loss. A personal injury lawyer can provide guidance on these damages and ensure that your case accurately reflects the economic losses your family has suffered.
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You May Also Sue for Non-Economic Damages in a Wrongful Death Case
Non-economic damages in a wrongful death case compensate the family for the intangible losses they have suffered due to the death of their loved one. Unlike economic damages, which are tied to specific financial losses, non-economic damages cover the emotional and psychological impact of the death.
Types of Non-Economic Damages
Families may seek compensation for various types of non-economic damages, including:
- Pain and Suffering: The emotional distress and mental anguish experienced by the surviving family members due to the loss.
- Loss of Companionship: The loss of the deceased’s love, companionship, and emotional support.
- Loss of Parental Guidance: The impact on the children who are deprived of parental care, guidance, and nurturing.
- Loss of Consortium: The loss of the deceased’s companionship and affection in a spousal relationship.
Cap on Non-Economic Damages
Under Md. Cts. & Jud. Proc. Code § 3-2A-09, the state has placed a cap, or limit, on the non-economic damages you may receive in a wrongful death lawsuit. In 2008, the law set the cap value at $650,000, but the law also allows that value to increase by $15,000 every year. However, if the wrongful death lawsuit has two or more beneficiaries, the value of the non-economic damages may not exceed 125% of the economic damages in the case.
Rare Damages You May Receive in a Wrongful Death Case
The courts may also award you punitive damages in your wrongful death case. These damages are rare as only the courts may award them under special circumstances. The intent of punitive damages is to punish the defendant for egregious or excessive negligence. They serve as a warning to others not to commit similar harmful actions.
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Who Benefits From a Wrongful Death Lawsuit
In a wrongful death lawsuit, Md. Cts. & Jud. Proc. Code § 3-904 specifies who is eligible to benefit from any compensation awarded. Maryland law divides potential beneficiaries into two categories: primary and secondary beneficiaries.
The primary beneficiaries in a wrongful death case are:
- Spouse of the Deceased: The surviving husband or wife of the decedent.
- Children of the Deceased: The biological or adopted children of the decedent, regardless of age.
- Parents of the Deceased: The biological or adoptive parents of the deceased if there is no surviving spouse or children.
These individuals have the first right to file a wrongful death claim with the insurance company and receive compensation.
If no primary beneficiaries exist, secondary beneficiaries may pursue a wrongful death action. These individuals include:
- Siblings of the Deceased: Brothers and sisters of the deceased.
- Other Dependent Relatives: Relatives who were financially dependent on the deceased at the time of death.
Secondary beneficiaries may file a lawsuit only if there are no primary beneficiaries.
Understanding who qualifies as a beneficiary in a wrongful death settlement is essential for ensuring that the right parties receive financial compensation. A wrongful death lawyer can assist you in determining the appropriate beneficiaries and guide you through the legal process.
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Maryland’s Statute of Limitations for Wrongful Death Cases
In Maryland, the statute of limitations for filing a wrongful death lawsuit is generally three years from the date of the deceased person’s death, per Md. Cts. & Jud. Proc. Code § 3-904. This deadline is critical. If your wrongful death lawsuit is not filed within this period, the court may dismiss the case, leaving the family without the opportunity to seek compensation.
To protect your rights, you should consult with a wrongful death attorney as soon as possible. They can ensure your case meets all legal deadlines.
Adam Smallow Injury Lawyers Can Manage Your Wrongful Death Lawsuit
If you’ve lost a loved one due to someone else’s negligence, Adam Fights for the rights and compensation your family deserves. Our law firm understands the challenges you and your family are facing. That’s why we work on a contingency basis. There’s no financial risk or stress added. You only pay unless we win.
Call today for a free case consultation, and let us guide you through this difficult time.
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