The legal definition of a Wrongful Death is the taking of the life of an individual resulting from the willful or negligent act of another person or persons.
If a person is killed in Baltimore, Columbia, or anywhere in the State of Maryland because of the wrongful conduct of a person or persons, the decedent’s heirs and other beneficiaries may file a wrongful death claim against those responsible for the decedent’s death.
Originally, wrongful death statutes in Maryland were created to give financial support for widows and orphans and it was also an impetus to encourage people to exercise care to prevent injuries. When a wrongful death action is filed in Baltimore, Maryland it is separate and apart from criminal charges, and neither proceeding has bearing on the other. A defendant acquitted of criminal murder charges still may be sued in a civil action by the victim’s family for wrongful death.
An action for wrongful death may be brought in Baltimore and throughout the state of Maryland for either an intentional or unintentional act that causes an injury that result in death. These incidents do not have to happen in Baltimore or in Maryland for a Maryland resident to bring a wrongful death action. Some examples of wrongful death are:
- A blow to the head during an altercation that later results in death
- The driver of an automobile who unintentionally causes the death of another in an accident
- An individual who, in violation of local law, neglects to enclose a swimming pool in his yard can be held liable for the omission or failure to act if a child is attracted to the pool and subsequently drowns.
In Maryland, a law suit that arises from the death of an individual that was caused by the conduct of another, becomes a wrongful death claim. When this type of claim is filed in Baltimore, it is brought to recover damages to provide relief to family members who have been injured emotionally and financially as a result of the family member’s death. The plaintiff in a wrongful death action is the personal representative of the decedent. In Maryland wrongful death cases, special consideration is given to the statute of limitations. Generally, you have two years from the time of the decedent’s death to file a law suit. Wrongful death actions based on medical malpractice, however, are governed by the medical malpractice statute of limitations which may extend your right to sue to four years. CONTACT A TOP WRONGFUL DEATH LAWYER IN BALTIMORE NOW.
To determine the amount of damages in a wrongful death action many variables need to be taken into account. Baltimore wrongful death lawsuits may recover medical and funeral expenses; additionally they may recover the amount equal to the economic support they could have received if the decedent had lived. In some instances, the survivor may receive a sum of money to compensate for grief or loss of services or companionship. In the state of Maryland the amount of damages recoverable by statutory beneficiaries is dictated by Maryland Statute __________.
Damages – All potential beneficiaries of a recovery for wrongful death, including the decedent’s estate, shall be identified in the complaint, and their relationships to the decedent shall be alleged. This Maryland Statue goes on to outline a number of damages that are recoverable. In order to assess your claim in a Wrongful Death case, please contact the Law Offices of David B. Shapiro now at 410-576-9100. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds.
In all matters involving wrongful death it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to file a lawsuit prior to the imposed statute of limitations. If a loved one has been the victim of wrongful death, contact Law Offices of David B. Shapiro.