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Personal Injury Blog

  • Am I Eligible to File a Wrongful Death Claim in Maryland?

    Posted By Chaikin, Sherman, Cammarata, Siegel, P.C. || 29-Aug-2013

    Authored by Ira Sherman

    Losing a loved one is one of the most difficult experiences life has to offer. Losing a loved one as the result of another's negligence, misconduct, or wrongful act can be simply devastating. Fortunately for families in Maryland who have a relative that died because of another's actions, there are legal options available. For example, the decedent's estate – by way of the estate's representative – can pursue legal recourse to recover losses. This action is known as a survival claim. Certain eligible family members may also have the opportunity to file a wrongful death claim, which can allow them to obtain justice and recover the monetary compensation they rightfully deserve.

    Under Maryland law, the following family members may be eligible to pursue a wrongful death claim:

    • Husband of the decedent
    • Wife of the decedent
    • Parents
    • Children
    • If there are none of the above, claims may be pursued by anyone related by blood or marriage to the decedent and who was "substantially dependent" on the decedent.

    When liability is established, compensation may be awarded for the damages families suffered because of their loved one's death. Although damages may vary from case to case, they can include:

    • Economic damages – including any medical bills, funeral expenses, and loss of financial support.
    • Non-economic damages – including surviving family members' grief and sadness, and their loss of society, affection, marital care, and guidance.

    It is important for grieving families to note that although unfamiliar legal proceedings may be difficult, they are the most appropriate course of action for obtaining justice and compensation. Additionally, these actions are held to a strict statute of limitations – a time limit for filing a claim – and can be affected by a number of personal factors. As such, it becomes incredibly important for families to reach out for experienced and personalized legal assistance as soon as possible.

    If you are interested in learning more about your available legal options when filing a wrongful death claim, please do not hesitate to contact a Maryland wrongful death lawyer from Chaikin, Sherman, Cammarata & Siegel, P.C. to discuss your needs. Learn more about your case and how our firm can guide you step-by-step through these legal obstacles by calling (301) 952-1552 or requesting a free case evaluation. We serve clients throughout Maryland, Northern Virginia, and the Washington, DC area.

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