When you file a wrongful death lawsuit, the court looks at economic damages like lost lifetime income and medical bills that put a dollar amount on the financial impact of your loved one’s passing. Then there are non-economic damages, which address the emotional toll on surviving family members.
Together, these damages create a full picture of your family’s losses. A Maryland wrongful death lawyer can guide you through this process, including documenting every potential damage in your claim.
Key Takeaways for Compensation in a Wrongful Death Lawsuit
- Maryland law allows for two distinct claims after a fatal incident: a wrongful death action for the family and a survival action for the estate.
- Economic damages cover all measurable financial losses that stem directly from your loved one's passing.
- Non-economic damages address the profound personal losses experienced by survivors, like sorrow and the loss of companionship.
Maryland’s Two Types of Wrongful Death Claims
In Maryland, the law provides for two separate but related types of legal actions when another's negligence causes a person's death. The first is a wrongful death action, which specific surviving family members, such as a spouse, children, or parents, can file.
A wrongful death claim seeks compensation for the harm the family has personally suffered due to the loss. The second type of claim is a survival action, which the deceased person's estate brings to recover damages that the person themselves could have claimed had they survived.
This often includes things like the medical expenses incurred before death and compensation for the conscious pain and suffering they experienced.
Economic Damages After a Fatal Accident
Economic damages form the financial foundation of a wrongful death claim. They reimburse the family for tangible, out-of-pocket losses and projected future expenses. Calculating these figures requires detailed analysis and evidence.
These tangible losses frequently include:
- Medical Expenses: This includes the full cost of all medical care your loved one received between the moment of the injury and their time of death.
- Funeral and Burial Costs: Your claim may recover all reasonable expenses related to the funeral service and burial or cremation.
- Lost Wages and Benefits: Your family can claim the income and benefits, like health insurance or retirement contributions, that the deceased would have earned.
- Loss of Support and Services: This covers the monetary value of tasks the deceased performed, from home maintenance to childcare.
Projecting Lost Income and Future Earnings
One of the most significant parts of economic damages is the income your loved one would have provided for your family. Calculating this figure involves more than just their last salary. A thorough calculation considers their age, profession, health, education, and potential for promotions or career advancement over a lifetime.
Vocational experts and economists often help project this future earning capacity. They analyze data to create a detailed report showing the total financial support the family has lost. This projection provides a clear picture for insurance companies and courts.
Non-Economic Damages for Surviving Family Members
Non-economic damages acknowledge the immense personal and emotional losses. They address the human side of the tragedy. While no amount of financial recovery can replace your loved one, these damages provide a form of justice for your suffering.
Non-economic losses include:
- Mental Anguish: This addresses the grief, sorrow, and emotional distress family members experience.
- Loss of Companionship: Spouses may claim compensation for the loss of partnership, comfort, and affection.
- Loss of Guidance: Children may receive compensation for losing their parent’s care, protection, and parental instruction.
- Loss of Society: This recognizes the general loss of the deceased’s presence and relationship in the family's life.
Maryland sets a legal cap on the total amount of non-economic damages in wrongful death cases. This cap is adjusted annually for inflation. An attorney can explain how this cap applies to your specific circumstances and affects your family's potential recovery.
Factors That Influence the Final Compensation Amount
Several key factors impact the final settlement amount, and no two wrongful death cases are exactly alike. An attorney evaluates all the variables when calculating compensation in a wrongful death lawsuit.
A few common factors include:
- Defendant's Negligence: The strength of the evidence proving the at-fault party's carelessness directly influences the case's value.
- Available Insurance Coverage: The defendant's insurance policy limits often set a practical ceiling on the amount that can be recovered.
- The Deceased’s Age and Health: These elements are important for calculating projected lifetime earnings and other economic contributions.
How a Wrongful Death Lawyer Helps Maximize Compensation
Pursuing a wrongful death claim while grieving is an immense burden. A compassionate and assertive lawyer takes the legal weight off your shoulders. They manage every aspect of the claim so you can focus on your family.
Your lawyer manages every critical step of the legal process, including:
- Investigating the Incident: Your attorney conducts a thorough investigation into the fatal incident by gathering police reports, medical records, and witness statements to build a strong foundation of evidence.
- Engaging Experts: They may retain qualified economists and vocational specialists who provide detailed reports and testimony to demonstrate the full extent of your family's financial losses.
- Handling Insurer Communications: Your lawyer manages all correspondence and negotiations with insurance companies, protecting your family from tactics that devalue your claim.
- Representing Your Interests: As your dedicated advocate, they present your case forcefully during settlement negotiations and can fight for your family's rights in court if a fair offer isn’t made.
FAQ for Calculating Compensation in a Wrongful Death Lawsuit
Who Can File a Wrongful Death Lawsuit in Maryland?
In Maryland, a wrongful death claim can be filed by a surviving spouse, child, or parent of the deceased. If no such person exists, any individual related to the deceased by blood or marriage who was substantially dependent on them may be eligible to file.
Is There a Deadline for Filing a Wrongful Death Claim?
Yes, Maryland has a strict statute of limitations for wrongful death cases; generally, you have three years from the date of the person's death to file a lawsuit. Failing to file within this deadline can permanently bar you from seeking compensation.
How Does a Lawyer Calculate Compensation in a Wrongful Death Lawsuit if the Deceased Was a Child?
When the deceased is a child, the focus of economic damages shifts. Calculations may focus on projected future income based on their parents' professions and their own potential. Lawyers use their experience to value a claim that involves a child.
Secure Your Family's Future
The loss of a loved one is a tragedy that no family should face alone. Holding the responsible party accountable can provide a sense of justice and the financial stability your family needs to move forward. An experienced and compassionate lawyer can help you every step of the way.
If your family is grieving the loss of a loved one due to someone else's negligence, contact Furman Honick Law for a confidential consultation. Call us today at (410) 406-7890 to learn how we can help.