Wrongful Death

Losing a loved one due to an auto accident, truck accident, or medical malpractice in Maryland can be an incredibly distressing experience for any family. At The Law Offices of Nicholas A. Parr, we understand the complexities of wrongful death cases. These tragedies often stem from acts of negligence, failure to act, or even intentional actions that may lead to criminal prosecution. If you are a surviving spouse, child, or parent of the deceased person, you may have the right to file a wrongful death claim. In some cases, other family members might be eligible to file if no other immediate relatives exist.

When it comes to wrongful death cases, there’s a lot at stake, and you’ll need substantial evidence to support your claims. Our Maryland wrongful death attorneys are committed to helping you gather the necessary evidence and build a strong case to seek justice.

When someone is negligently killed, there are two types of claims that can be pursued to seek justice and compensation for the victim and their family:

Survival Action: Seeking Compensation for the Victim’s Suffering

One of the claims brought forth is the “survival action,” which is initiated on behalf of the personal representative of the deceased. This claim allows the victim’s estate to seek recovery for the injuries and damages suffered by the victim up until the moment of their death. Damages under the survival action cover physical pain endured before death, the emotional distress of knowing the end is near, medical bills, funeral and burial expenses, and other actual expenses incurred by the victim. In essence, the personal representative acts as the posthumous agent of the victim, pursuing justice for the harm they experienced during their life.

Wrongful Death Action: Seeking Compensation for the Family’s Loss

The other claim, known as the “wrongful death action,” is brought forth by the relatives of the victim under Maryland statute. This claim seeks compensation for the loss of their loved one resulting from the fatal accident or medical malpractice. Unlike the survival action, in a wrongful death claim, the surviving relatives act on their own behalf as they pursue justice for the harm they have endured due to the loss of their loved one. The most significant loss for the surviving family members is often the immeasurable grief and suffering they face after losing someone they held dear.

Understanding Damages and Recovery

Damages in a survival action are measured based on the harm suffered by the victim themselves, accounting for the pain, suffering, and expenses incurred before their passing. On the other hand, in a wrongful death action, damages are assessed in terms of the loss experienced by the surviving family members as a result of their loved one’s death.

It is crucial to note that if death occurs instantaneously, some claims under the survival statute might be limited to medical bills, lost wages before death, and funeral expenses. However, our legal system recognizes that the loss experienced by family members who no longer get to witness their loved ones’ lives unfold is significant. Though some limitations exist under the law, we work diligently to advocate for the compensation families deserve.

Maximum Recovery for Fatal Accident/Malpractice Claims

Families who have lost a loved one often wonder about the maximum recovery they can receive for their loss. In Maryland, the maximum recovery for non-economic damages, including pain, suffering, and emotional distress, is subject to a cap. As of 2017, if there is only one beneficiary, the cap for non-economic damages in a survival action is $830,000. In a wrongful death action with two or more beneficiaries, the cap for non-economic damages is $1,245,000.

While these caps may seem limiting, our goal as personal injury lawyers is to maximize the compensation you are entitled to. We will diligently explore all avenues to seek justice and fair compensation for your family’s immense loss.

Your Compassionate Advocates During Difficult Times

During the aftermath of a wrongful death caused by an accident or medical malpractice, we understand the importance of having compassionate legal support. Our dedicated team of personal injury lawyers is here to guide you through the legal process, offering unwavering support and understanding throughout. We are committed to fighting for justice on behalf of your loved one and your family. If you have lost a loved one due to someone else’s negligence, please don’t hesitate to contact us for a confidential consultation. Let The Law Offices of Nicholas A. Parr help you navigate the legal complexities while you focus on healing and finding closure.