If a loved family member has been wrongfully killed, a wrongful death lawsuit can be filed. There are actually two types of claims: a “survival claim” and a “wrongful death claim.” The first is permitted by Maryland Estates & Trusts Code, §7-401, and the second is governed by Maryland Courts & Jud. Proc. Code, §§ 3-901 to 3-904.

Wrongful death claims are complicated, so you will need experienced legal assistance. If you think you have wrongful death claims for the death of a loved one, contact us here at the Law Office of Robert Castro. Call us at (301) 870-1200 or use our contact page. Our motto: “relentless advocacy, maximum compensation.” We have proven experience with wrongful death settlements and lawsuits. Our offices are in Waldorf, Maryland. Note that family members should act quickly to start their claims since there is a strict three-year deadline for bringing claims. If you miss that deadline, you will be unable to make a claim.

Briefly, here are the different family members who can bring death claims and a few other important differences:

Survival action

• Who can bring a claim: Only the Estate of the deceased person (via their Executor/Personal Representative)
• What claims can be sought: Expenses and damages of the deceased person for the time between the injury and death, including medical expenses, lost wages, pain, physical suffering, mental sufferin,g and anguish (if it can be proven that the victim was conscious for some time between the injury and death), property damage (to a vehicle, for example); also funeral expenses; and other possible types of damages
• Who gets the money damage recovery: Any settlement or recovery goes to the Estate to be distributed per Maryland laws or the deceased person’s Will

Wrongful death action

• Who can bring a claim: Maryland law establishes two ranked groupings.
  • Any surviving spouse, children, and parents; one lawsuit is filed for any and all of these; no one else can sue if any of these people survive the death of the deceased person
  • A second grouping is allowed to sue, consisting of of any person related to the deceased person by blood or marriage who was substantially dependent upon the deceased
  • If no one exists in either grouping, no wrongful death case can be filed
• What claims can be sought: Damages of the surviving persons who are eligible to sue, including claims for each person’s post-death economic losses and also may include damages for mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, marital care, parental care, filial care, attention, advice, counsel, training, guidance, education, and more
• Who gets the money damage recovery: Any settlement or recovery is divided among the individual claimants in proportion to their proven losses; this means that recovery for wrongful death does NOT go to the deceased person’s Estate but, rather, directly to the individuals who have sued

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.