What Is a Wrongful Death Lawsuit?
Car accidents, slips, falls and the like often result in injuries that might be mild to serious, but not life threatening. What about a significant, tragic event? What if someone’s conduct leads to the death of another? Maryland law spells out conditions that must be present in order for someone to sue for a wrongful death. As Attorney Eric T. Kirk will tell you.
Where a “wrongful act” [an act, including criminal conduct, neglect, or improper operation of a vessel] causes the death of another, an action against the wrongful actor may be maintained, and must generally be filed within 3 years.
The action is for the benefit of a spouse, child or parent, although not necessarily brought by them. If there is not a spouse, child or parent, then the action shall be for the benefit of a blood or marital relative who was dependent on the decedent for support. A spouse, child or parent may recover as their damages:
- monetary loss
- mental anguish
- emotional pain
- loss of society
- protection, care, attention,
- advice, counsel ,training, and guidance -as applicable.
In Maryland, there is no cap on the amount of money that can be awarded for economic damages. Economic damages are designed to replace the wages that the deceased family member otherwise would have earned.