Losing a loved one is one of the most difficult experiences anyone can go through. When that loss is caused by the wrongful act or negligence of another person or entity, it can feel even more devastating. In Maryland, the law allows the surviving family members to file a wrongful death lawsuit to seek compensation for the damages they have suffered as a result of the loss of their loved one.
If you have lost a loved one due to the negligence or intentional act of another person or entity in Maryland, it is important to understand the damages you may be entitled to recover in a wrongful death lawsuit. Here are some of the damages you may be able to recover:
Economic Damages
Economic damages are the financial losses suffered by the surviving family members as a result of the wrongful death. This includes things like funeral and burial expenses, medical bills, lost wages and benefits, and other expenses related to the deceased’s care and treatment prior to death.
Non-economic Damages
Non-economic damages are the intangible losses suffered by the surviving family members as a result of the wrongful death. This includes things like the emotional pain and suffering, mental anguish, loss of companionship, loss of guidance, and loss of consortium. These damages are not as easy to quantify as economic damages, but they are just as important to compensate for.
Punitive Damages
Punitive damages are awarded in cases where the defendant’s conduct was particularly egregious or reckless. These damages are meant to punish the defendant for their behavior and to deter others from engaging in similar conduct. In Maryland, punitive damages are capped at three times the amount of economic damages or $2 million, whichever is greater.
Survival Action Damages
In addition to wrongful death damages, Maryland law also allows for recovery of damages through a survival action. A survival action is a claim that the deceased person would have had if they had survived their injuries. This includes damages for pain and suffering, medical expenses, lost wages, and other losses suffered by the deceased person prior to their death.
Loss of Consortium
Loss of consortium is a claim made by the surviving spouse of the deceased, seeking compensation for the loss of their spouse’s companionship, affection, and support. This claim is separate from the wrongful death claim and can only be brought by the surviving spouse.
Statutory Damages
In Maryland, there are also specific statutes that provide for damages in certain types of wrongful death cases. For example, if the wrongful death was caused by a drunk driver, the surviving family members may be entitled to recover punitive damages under Maryland’s dram shop law.
It is important to note that Maryland has a cap on non-economic damages in medical malpractice cases. The cap is adjusted annually for inflation and currently stands at $890,000 for cases that occurred on or after January 1, 2021.
A wrongful death lawsuit in Maryland can provide compensation for a variety of damages suffered by the surviving family members. If you have lost a loved one due to the negligence or intentional act of another person or entity, it is important to consult with an experienced wrongful death attorney to determine the damages to which you may be entitled. While no amount of compensation can bring back a loved one, it can help provide financial security and a sense of justice for the family left behind.
Alpert Schreyer, LLC is a Maryland law firm with extensive experience in handling wrongful death cases. Our attorneys are knowledgeable about Maryland law and can help you understand the damages you may be entitled to recover in a wrongful death lawsuit.
We understand that losing a loved one can be a difficult and emotional experience. Our compassionate attorneys will work closely with you to ensure that your rights are protected and that you receive the compensation you deserve. We will investigate the circumstances surrounding your loved one’s death and gather the evidence necessary to build a strong case on your behalf.
At Alpert Schreyer, LLC, we are committed to providing personalized attention to each of our clients. We will keep you informed throughout the legal process and answer any questions you may have along the way. Our attorneys will fight tirelessly to ensure that you receive fair compensation for the damages you have suffered as a result of your loved one’s wrongful death.
If you have lost a loved one due to the negligence or intentional act of another person or entity in Maryland, don’t hesitate to contact Alpert Schreyer, LLC. We offer a free consultation to discuss your case and determine the best course of action for your specific situation.