A “wrongful death” case is one where a person has been killed because of the negligent, reckless, or intentional acts of another. For example, a St. Mary’s County, MD., car accident that results in a death is a wrongful death case. Wrongful death can also occur in many other circumstances, like medical malpractice, premises liability, circumstances of criminal action, and more. If a loved one has been killed in an accident or during the commission of a crime in St. Mary’s County or any other part of Maryland, call the top-rated wrongful death lawyers here at the Law Office of Robert Castro. Use our contact page or call us at (301) 870-1200. We have offices in Waldorf, Maryland.

A wrongful death case is brought by members of the victim’s family. Typically, the family members ask for compensation for what they have lost because of the death. These damages include things like loss of society, loss of support, funeral expenses, and more.

Normally, wrongful death cases involve claims for negligent — or accidental — actions. That is, with a Maryland auto accident case that causes a death, there is no assertion that the accident was intentional. In those cases, to prove wrongful death, the victim’s family must establish the four elements of negligence under Maryland law. These legal elements are:

Duty of care — the victim’s family must prove that wrongdoer owed a “duty of care” to the deceased; in Maryland, everyone owes duties to others be careful victim, to be watchful and to obey relevant laws; in many cases, these are the duties involved; in other cases — like for patients or those in nursing facilities — duties can arise because a person is knowingly dependent upon or under the care of the another

Breach of duty — the victim’s family must show a breach of duty either through accident, recklessness, or through intent.

Causation — the victim’s family must also show that the death resulted from the breach of duty (that is, the death was not caused by some other factor).

Death — finally, the victim’s family must prove that a death occurred.

When can punitive damages be awarded?

Typically, punitive damages can be awarded in a wrongful death case if the wrongdoer’s actions are intentional or are so severely reckless that the behavior amounts to intentional conduct. The most common circumstances where punitive damages are awarded are where criminal behavior results in death. This is because most crimes are INTENTIONAL. The same intent that is the basis for convicting a wrongdoer of a crime can be used to make the criminal legally liable in a wrongful death case.

Note that a criminal case is very different from a wrongful death case, even though both involve the same wrongdoer. A wrongful death case is a civil case brought in Maryland civil courts. The case is filed by private citizens — the family of the victim. A civil case generally seeks recovery of monetary damages. A criminal case, on the other hand, is handled by Maryland criminal courts and is filed by the Maryland State prosecuting attorneys. A criminal case generally seeks to incarcerate a person for committing a crime.

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 11701 Central Avenue, Suite 200, Waldorf, MD 20601.