There is no timeline to follow when you’re grieving the loss of a loved one. You will experience a range of emotions as you process what happened. If someone else’s negligence caused that loss, then you will also be understandably angry, which only compounds your grief.
In those situations, you can find a small measure of comfort by holding those negligent parties responsible. This would mean filing a wrongful death claim, where you can receive compensation for your loss.
The thought of filing claims and possibly taking someone to court can seem overwhelming when you’re trying to get your life back on track after a loss. That is where GDH Law can be a considerable support. We have helped many families deal with the tragedy of a wrongful death. That support begins with providing families with an understanding of how wrongful death compensation works in a Maryland personal injury claim.
If your loved one was taken by an accident caused by someone else’s negligence, we’re standing by to discuss what your options are for finding financial support for your family.
What Types of Damages Can You Seek in a Wrongful Death Claim?
When you think about the economic damages that a family suffers because of the death of their loved one, the loss of a reliable income is at the top of the list. Depending on the decedent’s age, there could be a loss of several years of income, along with potential bonuses and contributions to a retirement plan. That should all be compensated for in a wrongful death claim.
The compensation for the lost wages would fall into the category of economic damages. However, there are additional damages that you are entitled to that you might not be aware of. These would fall under the category of non-economic damages and could include the following:
- Mental anguish
- Emotional pain and suffering
- Loss of society
- Loss of companionship
- Loss of comfort and protection
- Loss of marital care, parental care, and filial care
- Loss of attention, advice, counsel, training, guidance, or education
The amounts that would be attached to each of those types of damages vary from case to case. It is important to note that Maryland law establishes caps for non-economic damages. That current cap stands at $950,000 for a single beneficiary and $1,425,000 for two or more beneficiaries. These caps don’t apply to economic damages, which include lost wages.
A skilled wrongful death attorney can help you look at the “big picture” of the impact on the family and how much they’ve suffered. They will also be in the best position to help you get the maximum amount you are entitled to.
How Are the Proceeds from a Wrongful Death Divided?
Whenever someone passes, they leave behind an estate. That estate is all the assets associated with that person. You don’t need to be a millionaire to have an estate, but you do need an executor of the estate. This is the person who is designated as the individual who will handle the distribution of the estate’s assets.
There could be several levels of beneficiaries that are named in an estate. Maryland law provides the following breakdown of who is considered a priority:
- Spouse
- Parents
- Children
Any settlement from a wrongful death claim will be first paid to these beneficiaries, regardless of whether they were dependent on the deceased.
After the primary beneficiaries, Maryland law allows other family members, whether related by blood or marriage, to receive compensation. There may be a scenario in which the last will and testament designates the portion each member will receive from the estate.
It is important to note that only one person can file a wrongful death claim. Typically, that will either be the executor of the estate or the surviving spouse.
Pursuing the Claim
Family members can also pursue additional compensation referred to as a survival action. This is similar to a personal injury claim. For example, if someone were injured in a car accident but didn’t immediately die, all associated medical expenses would be part of the survival action.
The first step to take towards pursuing a wrongful death claim is through the at-fault party’s insurance carrier. If there is resistance to that claim or the settlement offer isn’t sufficient to make up for the losses, your attorney might recommend filing a lawsuit. GDH Law has represented many families in these types of losses. We know what it takes to prevail in a hearing. It is a combination of definitive evidence and a strong narrative that connects with the jury.
If your family is dealing with this type of scenario, we want to hear from you. You can schedule a free case review to get all your questions answered. You don’t have to take on the challenges of a wrongful death claim alone.
