Filing a Maryland Wrongful Death Lawsuit

What Is Wrongful Death? Who Can File? What Can You Recover?

What Is Wrongful Death? Who Can File? What Can You Recover?In Maryland, when the wrongful actions of another person result in someone’s death, certain parties have a right to bring legal action to recover compensation for their losses. Maryland law specifically defines a wrongful death as one resulting from “act, neglect or default” that would have entitled the person who died to bring a personal injury claim if they had survived. Though a wrongful death claim can always be based on an intentional act, as a practical matter, most such claims allege negligence.

Under Maryland law, only certain parties qualify to file a wrongful death action: the spouse, children, and parents of the deceased. However, if no such relatives survive the decedent, a more distant relative may file a claim on proof of substantial financial dependence.

In a wrongful death lawsuit, the plaintiff (party seeking damages or compensation) can recover:

  • Financial support they would have received from the deceased
  • Loss of companionship, guidance, support, care, advice, society, or comfort caused by the death
  • Unpaid medical expenses incurred by the deceased before death as a result of the accident
  • Mental or emotional pain or suffering caused by the accidental death

Proven Baltimore County Wrongful Death Attorney

Maryland SuperLawyer Jonathan Scott Smith has protected the rights of personal injury victims across the state of Maryland for more than 30 years. He is highly regarded by other lawyers in Maryland, having consistently earned an AV-rating under Martindale-Hubbell’s Peer Review Rating System. He has received many accolades from his clients, including the prestigious Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible). He also boasts a perfect 10.0 (Superb) rating from AVVO as a trial attorney. Attorney Smith has also been named a “Top-Rated Lawyer” by American Lawyer magazine.

Compassionate and Effective Wrongful Death Lawyer in Maryland

If your loved one dies because of the careless or negligent actions of another person, attorney Jonathan Scott Smith can help. Send us an email or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is without cost or obligation. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Medical Malpractice Claims Involving Strokes and Heart Attacks

Can You File a Negligence Claim Against a Doctor or Medical Facility?

Medical Malpractice Claims Involving Strokes and Heart AttacksEvery year, nearly three-quarters of a million Americans have some type of heart attack. A similar number of people across the country suffer a stroke. When you or a loved suffers serious injury, or a family member dies, as the result of cardiovascular trauma while being treated for a heart attack, can you bring legal action to cover your losses? Maybe.

Negligence-Based Personal Injury Claims

Most personal injury claims are based on the legal principle of negligence. Accordingly, if you can show that someone was negligent and that their negligence caused an accident or injury, you may be able to recover damages.

To successfully prove negligence in court, you must show three things:

  • That the defendant (person from whom you seek compensation) did not meet the standard of care expected under the circumstances;
  • That the breach of the standard of care caused an event; and
  • That, as a result of that event, you suffered actual losses.

In most personal injury claims, the standard of care is that of a reasonable person, commonly considered an “ordinary person of average prudence.” However, medical professionals are held to a higher standard of care. A doctor must exercise the level and type of care that a reasonably competent and skilled medical professional, with similar background and experience, would have exercised under the same circumstances in the same medical community.

With respect to a heart attack or stroke, a medical professional may be potentially liable if:

  • The patient exhibited classic symptoms of cardiovascular problems, such as difficulty breathing, chest pains, or weakness in the limbs, and the doctor failed to check the patient’s blood pressure or conduct other routine tests; or
  • The medical professional knew the patient had elevated blood pressure or other cardiovascular risks and failed to prescribe appropriate medications or failed to order appropriate tests.

Proven Baltimore Medical Malpractice Attorney

Maryland SuperLawyer Jonathan Scott Smith offers over 30 years of experience to personal injury victims throughout the Baltimore metro area and throughout the state of Maryland. Highly respected by his colleagues in the legal profession, attorney Smith has long been AV-rated under Martindale-Hubbell’s Peer Review Rating System. Named a Top-Rated Lawyer by American Lawyer magazine, he has also earned high marks from his clients, garnering the prestigious Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible). He has also received a perfect 10.0 (Superb) rating from AVVO as a trial attorney.

Experienced Maryland Medical Negligence Lawyer

If you suffer a stroke or heart attack through the misdiagnosis or carelessness of a medical professional, attorney Jonathan Scott Smith can help. Send us an email or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is without cost or obligation. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Fault in Maryland Motor-Vehicle-Accident Claims

Why You Must Prove Fault | How to Prove Fault

Fault in Maryland Motor-Vehicle-Accident ClaimsIn Maryland, as in the majority of states, auto insurance is based on an at-fault approach, which means that if you’re injured in a motor vehicle accident, you must seek compensation from the at-fault party’s insurer. If you can’t prove that the defendant caused the accident, you won’t be able to recover benefits from their insurance provider.

In a motor vehicle accident, as with most personal injury claims, proving fault or liability is almost always a matter of proving negligence. To successfully prove negligence (fault), you must demonstrate to the court that:

  • The defendant (person being sued) did not act as a reasonable person would in the same circumstances—This is also referred to as a “breach of the standard of care.”
  • The breach caused an accident—Causation has two parts. First, you must prove that the accident would not have occurred had the defendant acted reasonably. Second, you must show that the accident and the injuries it caused were “reasonably foreseeable” as a consequence of the breach of the standard of care.
  • You suffered actual or measurable losses because of the accident.

Results-Oriented Baltimore County Personal Injury Attorney

Jonathan Scott Smith, a Maryland SuperLawyer, offers more than 30 years of experience to victims of personal injury across the state of Maryland. Named a Top-Rated Lawyer by The American Lawyer magazine, attorney Smith has consistently received an AV-rating under Martindale-Hubbell’s Peer Review Rating System, a testament to the regard with which he is held by his colleagues in the legal profession. He has also been lauded by his clients, earning AVVO’s Client’s Choice Award, with an average client review of 5 stars(the highest rating possible), and a perfect 10.0 (Superb) rating from AVVO as a trial attorney.

Effective Frederick County Wrongful Injury Lawyer

When you suffer injury in any type of accident caused by the negligence of another person, attorney Jonathan Scott Smith can help. Send us an e-mail or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is without cost or obligation. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Wrongful Death and Criminal Acts in Maryland

Can You Recover Damages When a Crime Causes a Loved One’s Death?

Wrongful Death and Criminal Acts in MarylandWhen someone’s negligence causes the death of a family member, you have the right to seek compensation for your losses. But what if someone commits a criminal act that results in death? Are criminal penalties the only remedy in such a situation? Can you seek damages when someone else’s criminal conduct causes the death of your loved one?

In Maryland, the answer is yes. Under Maryland law, a death is considered “wrongful” if it is caused by “an act, neglect or default, including a felonious act.” Maryland law permits a wrongful death claim if the deceased would have had a personal injury claim had he or she survived.

A wrongful death claim is a civil action, wholly distinct from a criminal prosecution. In a wrongful death lawsuit, the remedy or sanction is purely financial. Wrongful death damages can include compensation for lost support, companionship, and consortium, as well as other damages resulting from the loss of life. While a criminal prosecution may lead to fines, those are not paid to survivors but instead go to the state. A single act can, and often does, result in a criminal prosecution and a wrongful death civil claim.

Proven Maryland Wrongful Death Attorney

Jonathan Scott Smith, a Maryland SuperLawyer, has fought for the rights of survivors in wrongful death claims for more than 40 years. Highly regarded by fellow attorneys in the Maryland bar, Attorney Smith has long held an AV rating under Martindale-Hubbell’s Peer Review Rating System. He has also earned high praise from his clients, including the prestigious Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible), as well as a perfect 10.0 (Superb) rating from AVVO as a trial attorney. He has also been honored as a Top-Rated Lawyer by The American Lawyer magazine.

Experienced Baltimore Accidental Death Lawyer

If you’ve lost a loved one because of the wrongful act of another person, attorney Jonathan Scott Smith can help. Send us an e-mail or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is without cost or obligation. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Slip-and-Falls on Commercial Property in Maryland

Must a Property Owner Give Notice of a Dangerous Condition?

Slip-and-Falls on Commercial Property in MarylandIn Maryland, as in other states, the owner of commercial property has certain duties with respect to anyone legally visiting the property. A business owner must either correct any dangerous situation or provide adequate warning to legal visitors. However, to recover compensation for a slip-and-fall, an injured person must demonstrate that the business owner either knew or should have known of the dangerous condition.

Did the Owner Have Actual Knowledge of the Hazard?

You can bring a claim against an owner if you can prove they were actually informed of the hazardous condition by a customer, employee, or someone else with personal knowledge of the condition. An owner also is deemed to have had actual notice if the danger was caused or created by an employee, even if the employee was unaware that they created the situation.

Was There Constructive Notice?

In some situations, the circumstances indicate that the owner should have known of the dangerous condition. It may have existed for a sufficient length of time that it would be unreasonable to expect that the owner wouldn’t know; it may have been obvious to anyone spending time on the property; or it may have been a condition that had occurred before.

Results-Oriented Maryland Premises Liability Lawyer

Jonathan Scott Smith, a Maryland SuperLawyer, brings more than 30 years’ experience to victims of personal injury in Baltimore and throughout the state of Maryland. Well-respected by attorneys throughout the state, Attorney Smith has consistently received an AV-rating under Martindale-Hubbell’s Peer Review Rating System. He also has earned accolades from his clients, earning the prestigious Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible), as well as a perfect 10.0 (Superb) rating from AVVO as a trial attorney. Attorney Smith has been named a Top-Rated Lawyer by The American Lawyer magazine.

Effective Montgomery County Slip-and-Fall Attorney

If you suffer needless injury in a slip-and-fall on commercial property, attorney Jonathan Scott Smith can help. Send us an e-mail or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is without cost or obligation. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Delivery Room Errors in Maryland

Medical Negligence Claims Involving Birth Injuries

Delivery Room Errors in MarylandThe birth of a child should be a moment of great joy. Unfortunately, when medical professionals fail to follow reasonable standards, mistakes occur that can turn your joy into grief and hardship. Doctors and nurses breach the standard of care in a variety of ways:

  • Carelessly using delivery equipment, such as forceps and vacuum extractors;
  • Failing to monitor the mother or fetus for warning signs;
  • Failing to take timely steps to perform a C-section when medical circumstances dictate it should be done; and
  • Administering the wrong medication or wrong dosage of medication.

These actions can have devastating consequences, causing:

  • Hypoxia injuries—trauma caused by the deprivation of oxygen to the child, including cerebral palsy or brain injury;
  • Erb’s palsy, shoulder dystocia, or other injuries caused by surgical equipment or extreme force/pulling on the fetus; or
  • Brain bleeds, infections, and seizure disorders.

Proven Maryland Birth Injury Attorney

Maryland SuperLawyer Jonathan Scott Smith brings more than 30 years’ experience to parents whose children suffer needless injury during the birth process. He represents clients in the greater Baltimore area and across the state of Maryland. Well-known and respected by his fellow attorneys, Mr. Smith has long been AV-rated under Martindale-Hubbell’s Peer Review Rating System. He has also earned accolades from his clients, with a prestigious Client’s Choice Award from AVVO, (an average client review of 5 stars, the highest rating possible), as well as a perfect 10.0 (Superb) rating from AVVO as a trial attorney. Attorney Smith also has been named a Top-Rated Lawyer by The American Lawyer magazine.

Effective Prince George’s County Delivery Room Injury Attorney

When your infant is needlessly hurt during the delivery process because of medical carelessness or negligence, attorney Jonathan Scott Smith can help. Send us an e-mail or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is without cost or obligation. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Surgical Errors in Maryland

The Different Types of Claims You Can File

Surgical Errors in MarylandWhen you have an injury or illness that requires a surgical procedure, you know the likelihood of success can be uncertain. However, you don’t expect your condition to worsen because a doctor, nurse, or other medical caregiver fails to proper care. Unfortunately, it happens often, as nearly 100,000 people seek compensation each year in lawsuits alleging medical malpractice or negligence. Among the most common are errors during surgical procedures:

  • Performing a procedure on the wrong body part, e.g., operating on the left leg instead of the right
  • Performing the wrong surgery, i.e., confusing one patient with another or conducting the wrong procedure on a patient
  • Carelessness when operating, leading to unnecessary damage to organs, limbs, nerves, or other body parts
  • Leaving a medical device, such as a scalpel or sponge, in a body cavity

Results-Oriented Maryland Surgical Malpractice Lawyer

Jonathan Scott Smith, a Maryland SuperLawyer, brings decades of experience to victims of surgical and other medical malpractice in Baltimore and across the state of Maryland. Well-known and respected by his colleagues in the legal profession, Attorney Smith has consistently received an AV-rating under Martindale-Hubbell’s Peer Review Rating System. He has also proven himself with clients, earning the prestigious Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible) and a perfect 10.0 (Superb) rating as a trial attorney. He has also been named a Top-Rated Lawyer by The American Lawyer magazine.

Effective Baltimore County Surgical Injury Attorney

If you suffer needless injury because of carelessness in a surgical procedure, attorney Jonathan Scott Smith can help. Send us an e-mail or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is without cost or obligation. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Medical Malpractice in Maryland

Common Medical Malpractice Claims

Medical Malpractice in MarylandWhen you are ill or suffer an injury, your first course of action is typically to seek medical attention. You don’t expect, though, that your condition will deteriorate because of the care you receive. Unfortunately, that happens far too often. More and more hospitals, urgent care facilities, and medical practices have shifted their emphasis, moving from placing a premium on the quality of care to maximizing their profits. That often leads to medical malpractice.

The Different Ways Medical Providers Can Be Negligent

As a practical matter, to recover for medical malpractice, you must show that a doctor, nurse, or other caregiver acted carelessly or negligently when treating you. That can take many different forms:

  • Surgical errors—A doctor or nurse can make a careless mistake during a surgical procedure, operating on the wrong body part, performing the wrong surgery, nicking an internal organ through haste or inattention, or leaving a surgical tool or implement behind.
  • Failure to diagnose or misdiagnosis—Medical professionals may misread diagnostic tests or negligently fail to order them.
  • Birth injuries—Doctors may fail to take reasonable measures before or during a delivery, leading to forceps or suction injuries, hypoxia (deprivation of oxygen to the brain), or shoulder dystocia.
  • Medication or anesthesia errors—A doctor may fail to do a proper workup before subjecting you to anesthesia, or may prescribe the wrong medication or an incorrect dose.
  • Failure to treat—A doctor may make a correct diagnosis but fail to use commonly accepted medical practices to ensure that you get proper treatment.

Experienced Maryland Medical Malpractice Lawyer

Jonathan Scott Smith, a longtime Maryland SuperLawyer, has aggressively fought for the rights of people in Baltimore and across the state of Maryland who have been victims of medical malpractice. Over the past 30 years, he has earned the highest respect from his colleagues in the legal profession, who have consistently given him an AV-rating under Martindale-Hubbell’s Peer Review Rating System, the highest accolade possible. Mr. Smith has also earned the admiration and respect of his clients, receiving the prestigious Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible). He has a perfect 10.0 (Superb) rating from AVVO as a trial attorney and has been named a Top-Rated Lawyer by The American Lawyer magazine.

Experienced Frederick County Medical Negligence Attorney

If you’re hurt because of the wrongful acts of a doctor, nurse, or other medical professional, attorney Jonathan Scott Smith can help. Send us an e-mail or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is without cost or obligation. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Medical Malpractice in Maryland

The Different Types of Damages Available

Medical Malpractice in MarylandIn Maryland, as in other states, when you file a personal injury lawsuit, including a claim for medical malpractice, there are three types of damages you can seek: economic, non-economic, and punitive:

  • Economic damages are losses that are easily calculated—tangible costs such lost wages and income, unreimbursed medical expenses, and any costs to retrofit your home, car, or other property to accommodate your injury. These losses are typically determined from pay stubs, medical bills, and actual costs of home/car modifications. In a medical malpractice lawsuit in Maryland, there is no cap or limit on the amount of economic damages you can recover.
  • Non-economic damages are less tangible and more difficult to calculate and include such things as:

    • Pain and suffering—compensation for chronic or continual pain or discomfort related to injuries suffered
    • Loss of enjoyment of life—the inability to engage in activities that previously brought you joy, satisfaction, meaning, or pleasure
    • Loss of companionship or consortium—the ability to be physically intimate with or close to those you love

    Maryland places a cap on non-economic damages in a medical malpractice claim. For non-fatal medical malpractice claims, the most you can recover for non-economic damages in 2021 is $845,000. If the medical negligence causes death, you can recover upto $1,056,250.

  • Punitive damages are rarely available in personal injury claims in Maryland, as they require proof that the defendant acted with “actual malice,” a difficult standard to meet.

Proven Maryland Medical Malpractice Lawyer

Jonathan Scott Smith, a longtime Maryland SuperLawyer, has aggressively protected the rights of medical malpractice and other personal injury victims in Baltimore and across the state of Maryland for more than three decades. He has earned the highest respect from his colleagues in the legal profession, who consistently give him an AV-rating under Martindale-Hubbell’s Peer Review Rating System. Mr. Smith has also proven himself with his clients, receiving the prestigious Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible). He has a perfect 10.0 (Superb) rating from AVVO as a trial attorney and has been named a Top-Rated Lawyer by The American Lawyer magazine.

Experienced Baltimore County Medical Negligence Attorney

If you have suffered needless injury because of the negligence or carelessness of a medical professional, attorney Jonathan Scott Smith can help. Send us an e-mail or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is without cost or obligation. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Slip-and-Fall Accidents in Maryland Winter Weather

Reducing the Risk of Injury in Icy or Snowy Conditions

Slip-and-Fall Accidents in Maryland Winter WeatherIn Maryland winters, temperatures can regularly fluctuate above and below freezing, creating the risk of injury on icy or snowy sidewalks, steps, parking lots, and other pedestrian thoroughfares. There are, however, some steps you can take to reduce the risk of slipping and falling.

  • Pay attention to your footwear—When it’s cold outside, it’s best to have insulated boots with a good rubber sole. If your footwear isn’t insulated, the warmth from your feet may cause snow or ice to melt and either soak through your shoes or refreeze, both conditions that can lead to serious injury. Additionally, rubber gives you more traction than leather or plastic, but make certain it’s not worn and hasn’t hardened with time.
  • Use salt or sand to keep areas free of ice and snow—Apply liberally to places where ice and snow tends to accumulate.
  • Take it slowly—It’s better to get there a little late. Shortening your stride gives you more traction and better balance. Take steps one at a time, putting both feet on one step before ascending or descending to the next.

Experienced Maryland Slip-and-Fall Injury Lawyer

Maryland SuperLawyer Jonathan Scott Smith has aggressively protected the rights of personal injury victims in Baltimore and across the state of Maryland for more than 30 years. Well-respected by other lawyers, Smith is AV-rated (the highest rating possible) under Martindale-Hubbell’s Peer Review Rating System. His proven skills and dedication to his clients have earned him the prestigious Client’s Choice Award from AVVO, with an average client review of 5 stars(the highest possible), as well as a perfect 10.0 (Superb) rating from AVVO as a trial attorney. He has also been named a Top-Rated Lawyer by The American Lawyer magazine.

Results-Oriented Premises Liability Attorney in the Greater Baltimore Area

If you’re hurt in a slip-and-fall in Maryland, Jonathan Scott Smith can help. Send us an e-mail or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is without cost or obligation. 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