Our Maryland Wrongful Death Attorneys Will Advocate for You
Are you searching for a Maryland wrongful death attorney to represent your case? If your family member was killed due to the negligence of another driver, a care facility, an employer or other party, you may be entitled to compensation.
Our team understands how difficult it is to lose a loved one, and a family member’s wrongful death due to negligence can place an enormous emotional and financial burden on family members. We know that a wrongful death case is emotionally trying and are dedicated to pursuing your compensation with personal care and attention.
Contact our team to discuss your case and potential compensation due to wrongful death.
Our experienced Maryland wrongful death attorneys have offices in Greenbelt and Rockville. We have proudly served Montgomery County, Prince George’s County, Anne Arundel County, and the surrounding areas for more than 40 years.
What Constitutes Wrongful Death in Maryland?
A wrongful death claim is essentially a death proximately caused by the misconduct or negligence of an individual, organization, or company. These claims are brought in the context of medical malpractice, automobile accidents and nursing home negligence.
Typically, the person or persons permitted to recover for a wrongful death are members of the decedent’s immediate family (i.e. spouse, children and parents). This can depend on who are the “beneficiaries” in a given situation.
The estate of the deceased may be able to pursue a survival benefit claim in addition to wrongful death claims.
The Difference Between a Survival Benefit Claim and Wrongful Death Claim
When a victim dies in Maryland in a motor vehicle accident, or as the result of medical malpractice, survivors can seek compensation via two statutory claims.
A wrongful death claim is made by family members and damages are compensated in terms of the harm to the family members entitled to make a claim.
In a survival action, damages are determined and compensation is awarded according to the harm the victim experienced.
The laws surrounding the two actions, including the statute of limitations, differ, so we recommend hiring an attorney before pursuing such claims.
What are the Types of Compensation for Wrongful Death Claims?
If your family member was the victim of wrongful death, you may be entitled to compensation for the following:
- The financial support provided by a decedent to a surviving spouse or a child;
- The replacement value of services the deceased furnished, or probably could have been expected to furnish, to a surviving spouse or a child;
- The noneconomic loss such as the mental anguish, emotional pain and suffering, loss of companionship, comfort, protection, marital care, attention, advice, or counsel a surviving spouse has experienced, or probably will experience, in the future;
- Any financial benefits a parent of a deceased child probably would have been expected to receive from the deceased child;
- The noneconomic loss such as the mental anguish, emotional pain and suffering, loss of companionship, comfort, protection, care, attention, advice, counsel or guidance a parent has experienced, or probably will experience, in the future; and
- The noneconomic loss such as the mental anguish, emotional pain and suffering, loss of companionship, comfort, protection, parental care, attention, advice, counsel, training, guidance or education a child has experienced, or probably will experience, in the future.
What are the Types of Compensation for a Survival Action?
In addition to claims made by family members for wrongful death, the descendant’s estate may bring claims for:
- The fair and reasonable medical expenses which were incurred by the decedent;
- The loss of earnings from the time of injury to the time of death;
- Funeral expenses up to $10,000;
- The noneconomic loss such as any conscious pain, suffering and mental anguish that the deceased experienced as a result of the injury until death;
- Any pre-impact fright that the deceased may have experienced; and
- Punitive damages, if applicable
Premier Maryland Wrongful Death Lawyers
The Maryland wrongful death attorneys at Houlon Berman will accurately assess damages, considering financial and emotional burdens, and advocate on your behalf.
We will work hard for an out-of-court settlement to save you the time and emotional hardship associated with going to trial. However, if we do go to trial in your case, we will be fully prepared to aggressively litigate your matter. These cases are handled on a contingency fee basis, meaning our wrongful death attorneys’ fees do not need to be paid until you receive compensation. In the rare event that you do not win the case, you will not be charged attorneys’ fees.
The Maryland statute of limitations on wrongful death generally requires such claims to be filed within three years of the date the death was caused. In certain limited situations, the statute can be tolled (or delayed) to accommodate for mental incompetence, bankruptcy, the discovery of a cause of action, or situations dealing with minors.
Due to the statute of limitations and complexities involved with wrongful death lawsuit cases, it is important that you hire an attorney to begin working on your case.
Contact Houlon Berman
If you need a Maryland wrongful death lawyer, contact Houlon, Berman, Finci & Levenstein, LLC today to schedule a free consultation.
Houlon Berman assists with personal injury law in Maryland including Rockville, Greenbelt, Upper Marlboro, College Park and the District of Columbia. The key to our over 40 years of success is combining superior knowledge with a personal dedication to our clients.
Houlon, Berman, Finci & Levenstein, LLC is proud to hold a Martindale-Hubbell® Peer Review Ratings™certification of AV®
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