Archives for March 2020

The Damages Available in a Maryland Wrongful Death Claim

What Losses Can Be Recovered After the Death of a Loved One?

The Damages Available in a Maryland Wrongful Death ClaimWhen a family member dies because of the wrongful conduct of another person, there’s nothing that can undo the harm. You are, however, entitled to compensation for many of your losses. As we have previously explained, there are two types of claims that can be filed after an accidental or wrongful death: survival claims and wrongful death claims. The damages available depend on the type of claim you file.

If your claim is a survival action (filed on behalf of the decedent’s estate), the damages are similar to those the deceased would have had a right to recover had he lived. They include the following:

  • Medical expenses incurred as a result of the injury or illness;
  • Compensation for damage to property owned by the deceased;
  • Damages for the deceased’s pain and suffering before death; and
  • Funeral and burial expenses.

If, on the other hand, the lawsuit is a wrongful death claim (brought on behalf of surviving family members), you can seek compensation for:

  • Loss of financial support, and
  • Loss of consortium or companionship.

It’s important to understand that Maryland places a cap on non-economic damages in a personal injury action. “Non-economic” damages are those that typically cannot be determined based on actual expenses or lost income. Examples include pain and suffering and loss of companionship. Currently, the maximum recovery for non-economic damages in a Maryland wrongful death or survival claim is $2 million.

Experienced Frederick County Accidental Death Lawyer

Jonathan Scott Smith, a Maryland Super Lawyer, has more than three decades of experience successfully handling personal injury claims, including wrongful death and survivor actions. A highly successful trial lawyer known for his ability to get positive results, he’s received the Client’s Choice Award from AVVO, with an average client review of 5 stars,as well as a perfect 10.0 (Superb) rating as a litigator. He’s AV-rated by other attorneys under Martindale-Hubbell’s Peer Review Rating System (the highest rating possible) and has been named a Top Rated Lawyer by The American Lawyer magazine.

Contact an Experienced Baltimore Personal Injury Lawyer

Let attorney Jonathan Scott Smith protect your rights in the aftermath of an accidental or wrongful death. Contact our office by e-mail or call us at 410-740-0101 to arrange a meeting. Your first consultation is without cost or obligation. We take wrongful death claims throughout the state of Maryland, including Howard County, Baltimore County, Carroll County, Frederick County, PrinceGeorge’s County, and Montgomery County.

Third-Party Liability for Motor Vehicle Accidents

Can You Sue Someone Other Than the At-Fault Driver?

Third-Party Liability for Motor Vehicle AccidentsWhen another driver acts carelessly or negligently and causes a motor vehicle accident, you have the right to bring legal action against that person to recover compensation for your losses. But motor vehicle accidents often have multiple causes. In many situations, you can seek damages from third parties, in addition to suing the person who was driving the other car. How does that work?

To recover damages under a legal theory of negligence, you must show that a person failed to act reasonably; that the failure to do so caused an accident; and that you suffered actual losses as a result. Here are a few examples of potential third-party liability for a motor vehicle accident:

  • A bar, restaurant, or private party host serves alcohol to someone who is visibly drunk—Ifthat person causes a car wreck while intoxicated, the person and/or business serving the alcohol may be liable.
  • The owner of a vehicle allows another person to drive their car, knowing that that person is inexperienced or has a history of reckless driving—The vehicle owner may have liability in the event of an accident.
  • An employer requires an employee to drive while on the job—The employer may be liable if that employee causes a car accident.
  • A city fails to properly maintain roads—The city may be liable if poor road conditions contribute to an accident.
  • A car or car-part manufacturer fails to take reasonable steps to ensure the safety of a vehicle or part, such as brakes or tires—The manufacturer may have a legal responsibility when a defective product contributes to an accident.

Experienced Prince George’s County Personal Injury Attorney

Maryland SuperLawyer Jonathan Scott Smith has fought aggressively for personal injury victims in Baltimore and throughout the state for more than 30 years. A skilled and experienced trial attorney known for his consistent record of obtaining positive results for clients, Scott Smith received the Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible) and has a perfect 10.0 “Superb” rating from AVVO as a litigator. He’s AV-rated by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System and has been named a Top-Rated Lawyer by The American Lawyer magazine.

Effective Ellicott City Wrongful Death Lawyer

If you have been injured in a motor vehicle accident, we can help. Contact our office by e-mail or call us at 410-740-0101 to schedule an appointment. There’s no cost for your first consultation. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

ADDRESS :

  • Jonathan Scott Smith 10490 Little Patuxent Parkway, Suite 200 ,Columbia, MD 21044-4960

  • Call for consultation 410-740-0101