Wrongful Death

According to the Maryland Wrongful Death Statute, a deceased victim’s surviving family members can bring a lawsuit on their own behalf seeking compensation for their loved one’s death. The claim seeks to provide the surviving family members with compensation for the loss of the deceased victim’s love, companionship, and financial support that the family would have continued to receive if the victim had not died. The statute provides that only certain family members, or beneficiaries, can recover damages, including a surviving spouse, child, or parent of the victim. In some instances, a secondary beneficiary can recover if there are no immediate beneficiaries alive at the time of the death, but only in certain circumstances.

To recover damages for the death of a loved one, the plaintiff must show that the defendant acted negligently. A negligence claim includes four elements. To establish the first element, the plaintiff must prove that the defendant owed the deceased victim a duty of care, which requires each of us to act with the same ordinary care and skill that a reasonably prudent person would use in similar circumstances. The second element requires the plaintiff to prove that the defendant failed to meet this standard of care, and the third element requires the plaintiff to show that the defendant’s breach of the standard of care was the direct cause of the decedent’s death.

The final element of negligence requires the plaintiff to show that as a result of the defendant’s breach the plaintiff suffered damages. This is one of the most widely contested elements of a wrongful death claim. In Maryland, there is no statutory cap on the amount of economic damages that a beneficiary can be awarded in a wrongful death suit. This includes damages for loss of future support that the plaintiff would have continued to receive but for the victim’s death.

Determining the amount of compensation that a family is entitled to receive following the wrongful death of a relative requires a law firm with the experience and resources to properly investigate the case.
Failure to properly document every aspect of financial and emotional damages caused by the death could have a large impact on the size of the recovery made by the family.

Our Personal Injury attorney at S.B. Freeman Law Group, LLC works with financial experts to determine the economic losses which will be suffered by the family.  The economic losses may include loss of future income and financial support, or even placing a value on the loss of different household services the family member provided. Financial compensation is also available for the loss love, affection and companionship, which cannot be replaced.

Our experienced lawyer review and investigate potential claims throughout Maryland.  We work with the top experts and co-counsel attorneys in every state to make certain that your rights are protected.

If you have lost a family member as a result of the negligence of another person, request a free consultation and wrongful death lawsuit evaluation.  While you and your family are grieving, insurance company adjusters and investigators are working hard to minimize the amount of money your family will receive.  Therefore, it is important to seek a consultation with one of our lawyers as soon as possible.

All wrongful death cases are handled under a contingency fee agreement, which means that there are no out-of-pocket expenses for the family and there are no attorney fees unless a recovery is obtained.