Wrongful death damages are the financial compensation that a family can seek after losing a loved one due to another party’s negligent or wrongful actions. These damages aim to cover the losses that the family suffers as a result of the death, including both economic and noneconomic impacts.
Understanding the types of monetary compensation available and how they apply to your situation can be complex. The specifics of wrongful death claims vary, and the legal process can feel overwhelming during a difficult time. A wrongful death lawyer in Maryland can provide the guidance you need, answer your questions, and manage your case while your family grieves.
Types of Wrongful Death Damages a Family May Claim
When pursuing a wrongful death claim, families may seek various types of damages to compensate for their losses. These damages generally fall into two main categories: economic and noneconomic. Below is a comprehensive list of the types of wrongful death damages that a family may be entitled to claim:
- Medical Expenses: Costs related to the medical treatment of the deceased person from the time of injury until death.
- Funeral Expenses and Burial Costs: Expenses associated with the funeral, burial, or cremation of the deceased.
- Loss of Financial Support: Compensation for the income and financial support the deceased would have provided to their family.
- Loss of Benefits: Includes the value of lost benefits that the deceased would have contributed, such as health insurance, pension plans, and retirement benefits.
- Loss of Inheritance: Compensation for what the deceased would have likely saved and passed on to their heirs as an inheritance.
- Loss of Companionship: Damages awarded for the emotional pain and suffering caused by the loss of the deceased’s companionship, care, and guidance.
- Loss of Parental Guidance: Compensation for the loss of parental care, nurturing, and guidance that the deceased would have provided to their children.
- Pain and Suffering of the Deceased: Damages for the pain and suffering the deceased experienced between the time of injury and death.
Each case is unique, and the specific damages a family may claim depend on the circumstances of the death and Maryland’s wrongful death statutes.
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Caps on Wrongful Death Damages in Maryland
In Maryland, there are caps on certain types of damages that can be awarded in wrongful death lawsuits. These caps specifically apply to noneconomic damages, which include compensation for pain and suffering, emotional distress, loss of companionship, and similar intangible losses. Understanding these caps is crucial when pursuing a wrongful death claim.
Noneconomic Damages Cap
Md. Cts. & Jud. Proc. Code § 3-2A-09 imposes a cap on noneconomic damages in wrongful death actions. The cap is adjusted annually for inflation. The base value began at $650,000 in 2008, and it has increased by $15,000 each year since. Additionally, this cap shall not exceed 125% of the annual medical injury cap if there are two or more claimants.
No Cap on Economic Damages
Importantly, Maryland does not impose a cap on economic damages in wrongful death cases. Economic damages include compensation for financial losses such as medical expenses, lost wages, loss of financial support, funeral costs, and other tangible expenses related to the death. This allows families to recover the full extent of their economic losses without limitation.
Combined Cap in Medical Malpractice Cases
If the wrongful death claim is related to medical malpractice, Maryland law applies a combined cap on noneconomic damages for both the wrongful death claim and any related survival action. A survival action is filed by the estate of the deceased to collect damages the deceased would have pursued had they survived.
This combined cap is the same as the noneconomic cap mentioned above and applies across both claims.
Understanding these caps helps families set realistic expectations and plan effectively when pursuing a wrongful death claim in Maryland.
Who Can Pursue a Wrongful Death Claim and Who Benefits
According to Md. Cts. & Jud. Proc. Code § 3-904, specific individuals are entitled to pursue a wrongful death claim and benefit from any compensation awarded. The law distinguishes between two categories of beneficiaries: primary and secondary.
Primary Beneficiaries
Primary beneficiaries in Maryland who can file a wrongful death claim include:
- Spouse: The surviving spouse of the deceased is eligible to file a claim.
- Children: Biological and legally adopted children of the deceased have the right to pursue a wrongful death claim.
- Parents: If the deceased had no surviving spouse or children, the surviving parents may file a claim.
These individuals can file the claim directly, and the compensation is awarded to them as beneficiaries.
Secondary Beneficiaries
If there are no surviving primary beneficiaries, certain secondary beneficiaries may be eligible to file a wrongful death claim. These include:
- Siblings, Cousins, or Other Relatives: Individuals who were related to the deceased and were substantially dependent on them may have the right to pursue a claim if no primary beneficiaries are available.
Secondary beneficiaries can only file a claim if there are no primary beneficiaries available to do so.
Who Benefits from the Claim?
The compensation from a wrongful death claim is distributed among the beneficiaries based on their relationship to the deceased and their level of dependency. The awarded damages aim to cover both economic and noneconomic losses, addressing the impact of the death on the surviving family members.
This structure ensures that the closest relatives, particularly those financially or emotionally dependent on the deceased, are supported following their loss.
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Navigating a wrongful death claim can be overwhelming, but Adam Smallow Injury Lawyers is here to help. With experience handling wrongful death cases in Maryland, we can guide you through every step of the claims process. Our firm works on a contingency fee basis, meaning you pay nothing unless our wrongful death attorneys recover fair compensation for you.
Reach out to a legal team that understands your needs. Call us today for a free consultation, and let Adam Fight for the justice and compensation your family deserves.
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