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.

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.

ADDRESS :

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

  • Call for consultation 410-740-0101