Can Surviving Family Members sue a Negligent Driver Over the Death of a Parent in a Maryland Beltway Accident?
Yes. The legal statutes of the State of Maryland allow for survivors to bring a wrongful death lawsuit against the negligent party(s) of a fatal car or truck collision that resulted in the death of a family member, such as a spouse, parent or child. Legal cases of wrongful death can involve monetary rewards for both economic and non-economic damages.
Economic damages typically associated with wrongful death lawsuits can include medical expenses incurred by the victim prior to death, as well as funeral costs, loss of income to the family (especially if the victim was the family’s primary breadwinner). When it comes to non-economic damages, a victim's loved ones may also include in their wrongful death claim compensation for emotional pain and suffering; mental anguish; loss of companionship; as well as loss of protection, care and/or comfort. Families of victims who have minor children can include a claim for compensation for loss of parental care, as well as other non-economic damages that are authorized by Maryland statute.
The attorneys at Lebowitz & Mzhen, LLC, are well versed in all facets of wrongful death litigation. As experts in personal injury law, we must also remind potential clients that non-economic damages are not unlimited. Maryland, as well as other states across the nation, has statutory caps in place for the non-economic compensation that a plaintiff can recover as part of a personal injury claim. In other words, any monetary damages that a jury awards a victim’s family on the basis of pain and suffering will be governed, and possibly limited, by legal statute covering such compensation. Note that when it comes to wrongful death cases where there are two or more named plaintiffs, Maryland law permits damage awards of up to 150 percent of the non-economic damage cap.
As with any serious injury-related case, we always recommend that potential clients consult with a qualified Maryland personal injury attorney before agreeing to any settlement with an insurance company. The skilled legal professionals at Lebowitz & Mzhen, LLC, have the training and experience to help you and your family understand the legal options before you. This is especially important following any fatal traffic accident. Contact our legal offices today so that we may set up your free, no-obligation initial consultation with one of our seasoned personal injury lawyers.