Calvert County, Maryland Wrongful Death Claims: Frequently Asked Questions
If a loved one has been killed in an accident here in Calvert County, Maryland, a wrongful death claim and lawsuit can be filed under Maryland law. Legally and procedurally, a wrongful death claim is very complex, and you will need legal help to prosecute the claim. In this article, the experienced Wrongful Death attorneys here at the Law Office of Robert Castro answer some frequently asked questions about Maryland wrongful death claims. Call us at (301) 870-1200. We have offices in Waldorf, MD. We are also experienced and top-tier Maryland auto accident lawyers and personal injury lawyers.
- What is a wrongful death claim?
Essentially, a wrongful death claim is one made by a family member for the family’s loss because of the death.
- What damages can be recovered?
In a Maryland wrongful death case, economic damages can be recovered for funeral expenses, medical costs before a deceased person dies, and for lost wages/earnings lost wages that the deceased person would have earned. Other types of damages can be recovered — called non-economic damages — for loss of companionship, loss of consortium (for a spouse), loss of parental care (if there are younger surviving children), and other claims for emotional loss and suffering.
- What about punitive damages?
In some cases — particularly those involving deaths caused by criminal activity — punitive damages can be recovered. Such damages are intended to punish the at-fault party and also designed to deter others from engaging in similar behavior.
- Who can file a wrongful death claim in Maryland?
In Maryland, a wrongful death action is prosecuted by the family of the deceased. However, only one wrongful death action can be filed and can only be filed by certain family members, depending on who has survived the deceased person. Further, by statute, there is an “order” in which family members have a right to file the wrongful death action. The first person with the right to file is the deceased person’s spouse, then the person’s parents, and then any children. In other words, if the deceased person had no living spouse, then the parents could file; if there were no surviving spouse or parents, then the children could file a wrongful death claim. If the deceased person had no living spouse, parents, or children, the right to file a wrongful claim might fall to other family members if there is proof that the other family member was financially dependent on the deceased person.
- What must be proven for a Maryland wrongful death claim to succeed?
In Maryland, wrongful death is an action for negligence. The four legal are duty, breach of duty, causation and injury. This is similar to what must be proven to succeed in something like a Calvert County, MD, car accident claim. Suppose the at-fault driver was speeding. That would be a breach of duty since everyone has the duty to obey traffic laws. If the speeding caused an accident and the victim died, then that would likely be enough to prove wrongful death.
Q: Does insurance cover wrongful death?
Most of the time, insurance covers wrongful death claims. That is why, in most cases, the first step in a wrongful death claim is to submit a claim to the relevant insurance company or companies. Most wrongful death cases are settled via an insurance settlement.
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.
