Wrongful Death

Wrongful death attorney in Maryland

While simultaneously dealing with the financial burdens, many families have to cope with the emotional pain of losing a loved one in a wrongful death case in Maryland.

We understand that the grief, pain, and emotional trauma can be highly overwhelming. SG Legal Group has assisted clients recover sufficient settlements for individuals who had suffered the unexpected loss of a loved one or family member.

What Constitutes A Wrongful Death?

Wrongful deaths often happen as the result of someone’s reckless behavior. In many cases, the deceased suffered severe injury in an accident, such as an auto accident. Although not every accident-related death is determined a wrongful death, many are.

When someone fails to take sufficient care to avoid harm, that failure can cause fatal injury to others. This is recklessness. When someone’s negligence causes death of another’s person, it is considered a wrongful death.

Maryland law permits particular surviving family members to sue the negligent business, person, or other entity liable for the death of their family member. To do so, the surviving family should contact a Maryland wrongful death lawyer.

What Does a Wrongful Death Lawyer Do?

A wrongful death lawyer  investigate the circumstances that led to your family member’s death, figure out liability, advise you of your legal rights, and possibly file a lawsuit on your behalf to seek damages for losses stemming from your loved one’s passing. A wrongful death lawyer specializes in representing family members who are seeking compensation for deaths that were caused by someone else’s wrongdoing or negligence. They’ll work to get an appropriate settlement that will assist with the financial burden created by the death and present a sense of closure, peace, and justice.

An experienced lawyer handling wrongful death cases can look at all the relevant data and evidences and determine a adequate amount of damages for your situation. The attorney can file a lawsuit and make negotiation for an out-of-court settlement. While settlements usually resolve many civil cases, sometimes the parties do not agree. If that occurs, a lawyer may take the case to trial and let a jury decide whether you should obtain compensation and, if so, how much.

For years we have been successfully handling wrongful death and personal injury claims. We understand how hard this is for you, and know that you don’t wish to relive the situation. We want to make the lawsuit process as easy as possible. Our seasoned team of lawyers will work with you to execute the best legal strategy possible under the situation. This strategy may include:

• Maintaining communication with the insurance company and responsible party 
• Investigating the accident so we know exactly what happened
• Building your case as if it were going to trial
• Settling for adequate compensation
• Letting you know what is going on with your claim
• Taking care of the hard matters so you can focus on your healing
• Using our all resources to your advantage

What is a Wrongful Death Claim?

When a wrongful death claim filled, it may be pursued by the survivor’s relative as a civil lawsuit for seeking compensation. Although no amount of compensation can undo the loss of a family member, a family may seek damages for the following damages in a wrongful death claim:

• Expenses of funeral and burial costs;
• Medical expenses;
• Loss of future wages;
• Pain and mental anguish;
• Loss of love and loss of companionship; and
• Punitive damages (to punish the liable party for their reckless conduct).

A wrongful death claim arises separately and apart from any criminal prosecution that may be brought by the state against the wrong doers.  A family member may have a wrongful death lawsuit for the death of a relative, regardless of whether criminal charges are already filed.  

In most medical malpractice or personal injury cases, the injured person is the party who can establish a cause of action against the wrongdoer. However, there are exceptions available to this rule, and one of those exceptions is given in Maryland’s Wrongful Death Statute.

Under this statute, the family of a person who has lost his or her life has a right to sue those liable for that family member’s death. This is all more fully set forth in Article § 3-904, Maryland Code Annotated, Courts and Judicial Proceedings.

How to Prove a Wrongful Death Claim

To obtain financial compensation for the death of a loved one, you must establish particular required legal elements to maintain a claim in Maryland. These elements can be established by submitting valid evidence as supports your right to recover compensation for a loss of life of a loved one that was caused by another. While every lawsuit is unique, however primary elements for proving a wrongful death claim remain the same. 

These elements are as follows: 

• Duty of care. The wrongdoer had to have owed your relative a duty to exercise adequate care. The particular responsibilities owed to the victim will rely on his or her relationship to the defendant. For example, a friend giving medical advice will have different duties of care than a professional doctor. 
• Breach of the duty of care. As well as there must be proof of the party at fault’s breach of his or her duty of care. A breach can refer to any omission that falls outside of the defendant’s duty of care. If under same circumstances another person would have done differently, the defendant may be guilty of a breach of duty.
• Causation. To establishing a duty of care and a breach of that duty, you must prove that the breach was the actual cause of the decedent’s demise. Approximate cause is a legal term that usually means the actual cause of the death. 
• Compensation. Your family, finally, will need proof that the defendant’s reckless gave you compensable losses. Your attorney can assist you list the damages that accompanied your loved one’s death, such as medical expenses, funeral expenses property damages, lost income, and mental anguish. Our law firm can assist you navigate these state laws, collect vital evidence and conduct the proper investigation so  you can raise the strongest case possible to maximize your claim. 

Who Can File a Wrongful Death Lawsuit in Maryland?

In state of Maryland, the family members of deceased person including spouse, parents, and/or children are allowed to file a wrongful death claim. If no one in any of those groups survives the decedent, any person related to the deceased by marriage of blood and who was substantially dependent on the deceased may file the wrongful death lawsuit.

Types of Damages Possible in a Maryland Wrongful Death Case

In a wrongful death claim when someone succeeds, they are awarded compensation for the loss that the wrongful death has caused. This financial compensation is called “damages.” Damages are usually awarded proportionally to all beneficiaries named in the lawsuit.
Maryland law permits for beneficiaries in a wrongful death lawsuit to claim compensation for all of the following:

• monetary contributions the deceased would have made to survivors
• emotional pain, mental anguish, and suffering,
• loss of companionship, comfort, society, and protection
• loss of marital care, parental care, or filial care, and
• loss of advice, counsel, training, attention, guidance, or education.

The court may award compensation to beneficiaries in proportion to the loss each family member suffered as an outcome of the death. 

Maryland has limited or “capped” noneconomic damages in wrongful death claim. Noneconomic damages are those that cannot be measured in terms of receipts or bills, such as compensation for mental anguish and loss of companionship. In 2021, Maryland’s cap on noneconomic damages in a wrongful death case with a single beneficiary (such as a surviving single child) was $845,000. That price is raised by $15,000 every year on October 1. In wrongful death claim with multiple beneficiaries, the cap is 150% of the cap for single beneficiaries under Md. Code Ann., Cts. & Jud. Proc. § 11-108 (2021).

Note that different caps may apply under specific situation if the death was an outcome of medical malpractice.

Types of Damages Possible in a Maryland Wrongful Death Case

In a wrongful death claim when someone succeeds, they are awarded compensation for the loss that the wrongful death has caused. This financial compensation is called “damages.” Damages are usually awarded proportionally to all beneficiaries named in the lawsuit.
Maryland law permits for beneficiaries in a wrongful death lawsuit to claim compensation for all of the following:

• monetary contributions the deceased would have made to survivors
• emotional pain, mental anguish, and suffering,
• loss of companionship, comfort, society, and protection
• loss of marital care, parental care, or filial care, and
• loss of advice, counsel, training, attention, guidance, or education.

The court may award compensation to beneficiaries in proportion to the loss each family member suffered as an outcome of the death.

Maryland has limited or “capped” noneconomic damages in wrongful death claim. Noneconomic damages are those that cannot be measured in terms of receipts or bills, such as compensation for mental anguish and loss of companionship. In 2021, Maryland’s cap on noneconomic damages in a wrongful death case with a single beneficiary (such as a surviving single child) was $845,000. That price is raised by $15,000 every year on October 1. In wrongful death claim with multiple beneficiaries, the cap is 150% of the cap for single beneficiaries under Md. Code Ann., Cts. & Jud. Proc. § 11-108 (2021).

Note that different caps may apply under specific situation if the death was an outcome of medical malpractice.

Reach Out to a Wrongful Death Attorney

Wrongful death is a hard experience. A criminal death case can be just as tough—and the law is subject to change constantly. If you’ve lost a relative as an outcome of someone’s negligence, you can seek damages on their behalf. The first step is to consult a seasoned wrongful death attorney in Maryland. An experienced lawyer will elaborate how criminal death cases work and how the law can apply to your unique circumstance.

At SG Legal Group, we employ an empathetic approach to handling wrongful death matters because we feel a family’s devastation. With several years of dealing such cases, we understand how the Maryland justice system moves.
Give us a call, and we will evaluate your case right away and free of charge.