Wrongful Death Lawyer in Maryland

Damage Caps in Maryland

Maryland has a cap on the amount of non-economic damages a court can award a plaintiff. The award limit depends on when the injuries happened. Those occurring in 2021 are limited to $845,000, and each subsequent year increases by $15,000. In wrongful death cases with two or more beneficiaries, the total award for non-economic damages, no matter the number of beneficiaries, is limited to 125% of the cap for that year. Washington, D.C. has no damage caps.

Survival Action in Maryland

In addition to wrongful death, there is a survival action. While a wrongful death lawsuit focuses on the financial losses and grief of the family, a survival action focuses on the perspective of the decedent. A survival action can be brought by a personal representative of the deceased’s estate as named in the will or by a probate court. This action can also recover losses such as lost wages (from the time of injury until death), medical bills, funeral costs, and pain and suffering prior to death. Maryland allows a family to pursue both wrongful death and survival claims.

Statute of Limitations for a Wrongful Death Suit in Maryland

Maryland’s statute of limitations on wrongful death claims is three years from the date of the death of the decedent. The same is true in D.C.

Acting within the statute of limitations is crucial in protecting your right to claim. Failing to file within the designated timeframe typically results in losing the chance to pursue damages legally. Our firm is committed to making sure that timely measures are taken, aligning with the legal deadlines to preserve your claim's validity.

Maryland Wrongful Death Lawyers Pursuing Justice for Your Loved One

The devastation felt when a loved one dies can be intense. Understanding the seven stages of grief is often little comfort as we attempt to move forward in our lives. The sense of loss felt is often heightened when the death didn’t have to happen, when someone’s negligence or carelessness caused the untimely end of their life.

While no amount of money can bring back your loved one or lessen the pain felt from their absence, holding the responsible party accountable can be an important step in closure and help to financially provide for the family left behind. Our Maryland wrongful death attorney at Potter Law, LLC can help.

Call (301) 850-7000 or send us an online message to request a free consultation with our wrongful death lawyer in Maryland.

Frequently Asked Questions About Wrongful Death in Maryland

What to Do After a Wrongful Death in Maryland?

After the loss of a loved one due to wrongful death, gathering relevant evidence is a critical first step. Begin by collecting any accident reports, medical records, photos, videos, and witness statements that may help establish the circumstances surrounding the death. It’s also important to maintain a detailed record of all expenses related to the loss, including funeral and burial costs, lost income, and other financial impacts.

Once you’ve begun gathering this information, consulting with a wrongful death attorney in Maryland is essential. An experienced attorney can evaluate the facts of your case, conduct a thorough investigation, and help identify liable parties. They will also assist in organizing the evidence, calculating potential damages, and making sure all legal documents are properly filed. 

Can Wrongful Death Claims Settle Out of Court?

Yes, many wrongful death claims can and do settle out of court. Settlements are reached when parties agree on a compensation amount that adequately addresses the damages without proceeding to trial. This route can be advantageous as it often resolves the matter faster and with less stress than a drawn-out court battle.

What Happens if the Defendant Is Criminally Charged For the Death? 

In many cases, an accident that causes a wrongful death can be considered a criminal act. For example, if a driver causes a fatal car accident, then they might be charged with vehicular manslaughter depending on the state in which the accident occurred. If the defendant is criminally charged with your loved one’s death, then they will have to defend against the state’s prosecution. This does not stop you from filing a civil claim against them, which means they will have to defend against your attorney’s actions as well. Because the criminal evidence used against the defendant can also be used in your case, it is often advised that you begin your wrongful death claim after all criminal proceedings end if possible. Our lawyer can help you figure out the right time to file, though.

Can I Get Punitive Damages in a Wrongful Death Claim? 

Punitive damages are ruled against a civil defendant that has done harm to a claimant through egregious negligence or criminal wrongdoing. In most cases, punitive damages are rare because “accidents happen.” However, they are more likely in wrongful death cases because the consequence of the negligence is so heavy and permanent. Still, punitive damages are not something you should rely on receiving in your claim. Our team will let you know if they’re an option, but we can’t promise that such damages will be achievable.

Is it a Wrongful Death if the Defendant Intentionally Caused the Death? 

Yes, a wrongful death can and often is the result of criminal and intentional wrongdoing. If someone intentionally took the life of your loved one, then you can bring a wrongful death case against them, just as you would if it was an accident.

If you have a potential wrongful death or survival action lawsuit, schedule a consultation so that we can review your case. Reach out to our wrongful death lawyer in Maryland at (301) 850-7000 or through our online contact form.