Big-Rig Truck Wrongful Death Claims in Charles County, Maryland
Tragically, some road accidents result in fatalities. If your loved one has died in an 18-wheeler accident here in Charles County or other parts of Southern Maryland, certain members of the family — spouses, parents, and children — have a right to seek compensation. These claims are generally called Maryland’s “wrongful death” actions. See MD Cts. and Jud. Proc. Code, § 3-904. If a loved one has died in an accident, call us here at the Law Office of Robert Castro. Our number is (301) 870-1200. We are experienced, proven, and top-tier Maryland wrongful death attorneys serving all the cities and communities of Southern Maryland. Our legal offices are in Waldorf, Maryland.
What is “wrongful death” in Maryland?
Basically, wrongful death claims are ones asserted by the deceased person’s spouse, parents, and/or children for their own losses. Wrongful death is different from something called a “survival action.” A survival action is filed to compensate the deceased person for injuries, suffering, medical bills, damage to their vehicle, lost wages, and more suffered by the deceased person. These are damages that could have been claimed if the deceased person had not died. Wrongful death and survival actions are often filed together in one lawsuit.
For wrongful death actions, if the deceased person was not married, had no children, and their parents are no longer living, then other members of the family might have the right to file a wrongful death claim. The deceased person’s Personal Representative can also file the lawsuit on behalf of the heirs.
Notably, only one case can be filed. Thus, the Personal Representative and the other family members must all join the single lawsuit. The case must be filed within three years.
When damages are awarded, those damages are divided among the eligible claimants who are part of the case. That division is determined by the jury or judge that makes the award. That is if the jury or judge awards $5 million for wrongful death, the same jury/judge will determine how the total award is divided among the claimants.
What compensation can be recovered?
Economic damages can be awarded for actual costs suffered by the family as a result of the accident. These include things like medical bills the family had to pay, funeral expenses, lost income and wages for the family members caused by their loved one’s death, and more. Economic damages are definable losses shown by invoices and the like. There are no caps or limits to these types of damages.
Noneconomic damages are also available. These types of damages are not definable or subject to mathematical calculation. There is a limit to these damages at about $950,000 or so. These types of damages include claims for mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, care, attention, advice, counsel, training, education, and/or guidance.
Punitive damages can also be recovered in cases where the wrongful behavior of the at-fault party (or parties) was particularly egregious and shocking.
Contact Waldorf, MD, Personal Injury Attorney Robert Castro Today
This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland personal injury lawyer at (301) 870-1200. We are Waldorf, MD, Personal Injury lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.
