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.

The Time Limits for Filing a Maryland Wrongful Death Claim

What Is the Statute of Limitations for an Accidental Death Claim?

The Time Limits for Filing a Maryland Wrongful Death ClaimWith any personal injury claim, including wrongful death, there’s a time limit for filing a lawsuit to recover compensation for your losses. This time limit is established by a law known as the statute of limitations.

There are good reasons for a statute of limitations. First, it’s in the interests of justice for the lawsuit to proceed when memories are fresh and evidence can still bepreserved. The more time that passes, the greater the risk that witnesses will die or move or that recollections will fade. In addition, it’s generally deemed unfair or inappropriate for a potential defendant to live in perpetual fear of a potential lawsuit.

Every state sets its own statutes of limitations, and the time limits vary based on the type of claim. In Maryland, if you want to bring a lawsuit to recover damages forthe accidental or wrongful death of a loved one, you must file your complaint within three years of the date of death. Unless there are exceptional circumstances, any wrongful death claims filed after the expiration of the statute of limitations will be dismissed by the court.

Proven Maryland Wrongful Death Attorney

Jonathan Scott Smith, a Maryland Super Lawyer, has more than three decades of experience successfully handling personal injury claims, including wrongful death actions. A proven trial lawyer with a reputation for getting positive results, he’s earned the 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 litigator. Scott Smith is AV-rated by other attorneys under Martindale-Hubbell’s Peer Review Rating System and has been named a Top Rated Lawyer by The American Lawyermagazine.

Contact an Experienced Baltimore Personal Injury Lawyer

Let attorney Jonathan Scott Smith protect your rights after the accidental death of a loved one. Contact our office by e-mail or call us at 410-740-0101 to arrange a meeting. Your first consultation is free. We take wrongful death claims throughout the state of Maryland, including Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County.

Damages Available in Maryland Wrongful Death Claims

What Can You Recover After the Accidental Death of a Loved One?

Damages Available in Maryland Wrongful Death ClaimsThe wrongful or accidental death of a loved one can leave an emotional wound that may never heal. But there are financial consequences, as well. If you qualify to file a wrongful death lawsuit, what can you expect to recover?

In Maryland, there are two types of claims that can be filed after an accidental death: (1) a survival action, brought on behalf of the decedent’s estate and (2) a wrongful death claim, brought on behalf of the heirs of the deceased. In a survival action, the estate can seek to recover funeral costs and unpaid medical expenses. The estate also can pursue compensation for any suffering of the deceased caused by the accident. In the wrongful death action, survivors can seek compensation for loss of support, as well as loss of companionship or consortium.

Proven Montgomery County Personal Injury Lawyer

Maryland Super Lawyer Jonathan Scott Smith brings more than 30 years of experience to personal injury victims in the Baltimore metropolitan area and across the state of Maryland. A skilled and experienced trial lawyer known for his ability to get positive results, he’s earned the 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 as a litigator. He’s AV-rated by other attorneys under Martindale-Hubbell’s Peer Review Rating System and has been named a Top-Rated Lawyer by American Lawyer magazine.

Effective Ellicott City Wrongful Death Attorney

If you have lost a loved one because of the carelessness or wrongful act of another person, we can help. Contact our office by e-mail or call usat 410-740-0101 to schedule an appointment. Your first consultation is without cost or obligation. We handle personal injury claims in Howard County, Baltimore County,Carroll County, Frederick County, Prince George’s County and Montgomery County in Maryland.

Can You File a Wrongful Death Lawsuit?

Which Parties Qualify to Bring a Wrongful Death Claim in Maryland?

Can You File a Wrongful Death Lawsuit?When a loved one dies due to the carelessness or negligence of another person, there’s really nothing that can make you whole. Nonetheless, it’s important to hold the wrongdoers accountable for your losses. Maryland law allows eligible individuals to pursue damages (monetary compensation) for certain losses. Who can bring a wrongful death action in Maryland?

Under Maryland’s wrongful death statute, you must be classified as a “beneficiary” to have the legal right to seek compensation for an accidental death. The statute differentiates between primary and secondary beneficiaries:

  • Primary beneficiaries—This category includes the surviving spouse, children, and parents of the deceased. If one or more primary beneficiaries bring a wrongful death claim, all damages for the wrongful death go exclusively to those parties.
  • Secondary beneficiaries—If no primary beneficiary survives the deceased, or if no primary beneficiary chooses to bring a wrongful death claim, a secondary beneficiary may do so. (A claim also may be brought on behalf of both primary and secondary beneficiaries.) Secondary beneficiaries include siblings, nieces and nephews, cousins, and other distant relatives.

Experienced Baltimore Personal Injury Attorney

Maryland Super Lawyer Jonathan Scott Smith has provided effective representation to personal injury victims in Baltimore and across Maryland for more than three decades. A skilled and experienced trial attorney with a history of obtaining positive results, he’s received the 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 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 Montgomery County Wrongful Death Lawyer

If you lose a loved one due to the carelessness or wrongful act of another person, 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.

Who Can File a Wrongful Death Claim in Maryland?

The Different Types of Beneficiaries in an Accidental Death Lawsuit

Who Can File a Wrongful Death Claim in Maryland?In Maryland, as in other states, a party seeking to recover damages in a wrongful death action must be a “real party in interest.” Essentially, that means that the person must qualify under state statute. Maryland identifies two different categories of potential beneficiaries in a wrongful death action:

  • Primary beneficiaries—A surviving spouse, child or parent of the decedent , if alive, may file a claim on behalf of all primary beneficiaries.
  • Secondary beneficiaries—A secondary beneficiary only has a claim if there are no primary beneficiaries, or no primary beneficiaries have brought a claim. Secondary beneficiaries include other relatives, such as siblings, cousins, nephews and nieces and others. A secondary beneficiary may file a claim on behalf of both primary and secondary beneficiaries.

Proven Frederick County Personal Injury Lawyer

Maryland Super Lawyer Jonathan Scott Smith has aggressively protected the rights of personal injury victims across the state of Maryland for over three decades. Attorney Smith is a member of the Million Dollar Advocates Forum, an honor bestowed on less than 1% of all American lawyers who have obtained million dollar judgments, awards or settlements. A highly experienced trial attorney, Smith knows the impact a personal injury can have on every part of your life, and will fight to get full and fair compensation for all your losses. He has the skill, knowledge, experience and resources to successfully argue your claim in court.

The American Institute of Personal Injury Attorneys has listed him as one of the “10 Best Attorneys in the State of Maryland in Client Satisfaction.” He has been included among the top 100 lawyers in Maryland by Super Lawyers, and was a Top Rated Lawyer by The American Lawyer Magazine in 2012.

The National Trial Lawyers Association, a "by invitation only" professional organization, has honored Smith as one of the top 100 attorneys in the state of Maryland. He has a 10.0 (Superb rating) as a litigation attorney from AVVO and has also received the Client’s Choice Award from AVVO, with an average client review of 5 stars. He has been AV-rated (the highest rating possible) by his other lawyers under Martindale-Hubbell’s Peer Review Rating System every year since 1988 and has also earned Martindale-Hubbell’s Client Distinction Award, given to less than 4% of all attorneys in that directory.

Top-Rated Ellicott City, MD Accidental Death Lawyer

We offer comprehensive legal counsel to anyone who has suffered a needless injury because of the carelessness or negligence of others. Send us an e-mail or call us at 410-740-0101 to schedule an appointment. We represent slip and fall injury victims in Howard County, Baltimore County, Carroll County, Frederick County, Prince Georges County and Montgomery County in Maryland.

The Different Legal Claims after an Accidental Death in Maryland

Survival Actions and Wrongful Death Actions

The Different Legal Claims after an Accidental Death in MarylandIn Maryland, when a loved one has died because of the carelessness or negligence of another person, there are two types of legal actions that typically can be filed:

  • A wrongful death lawsuit—A wrongful death action is designed to provide surviving family members—spouse, children and potentially other family members—with compensation for their losses, including support, companionship, guidance and consortium.
  • A survival action—This legal claim is brought by the estate, on behalf of the deceased. Damages available in a survival action include the costs of funeral and burial services, any unreimbursed medical expenses sustained by the deceased, and any pain and suffering endured by the decedent as a result of the accident.

Proven Baltimore, Maryland Wrongful Death Attorney

Jonathan Scott Smith, a Maryland Super Lawyer, has aggressively represented personal injury victims in and around the Baltimore metropolitan area for more than 30 years. He is a skilled, experienced and respected trial lawyer with reputation for getting positive results at trial.

Smith has been AV-rated (the highest rating possible) by his fellow attorneys under Martindale-Hubbell’s Peer Review Rating System every year since 1988 and has also been honored with Martindale-Hubbell’s Client Distinction Award, an award given to less than 4% of all attorneys listed there. The National Trial Lawyers Association, a “by invitation only” professional organization, has named him one of the state’s top 100 attorneys.

Attorney Smith has earned a 10.0 (Superb rating) as a litigation attorney from AVVO, as well as AVVO’s Client’s Choice Award from AVVO, with an average client review of 5 stars. Smith has been named one of the top 100 lawyers in Maryland by Super Lawyers, and was listed as a Top Rated Lawyer by The American Lawyer Magazine in 2012. The American Institute of Personal Injury Attorneys listed him as one of the "10 Best Attorneys in the State of Maryland in Client Satisfaction." He belongs to the Million Dollar Advocates Forum, given to less than 1% of all American lawyers who have obtained million dollar judgments, awards or settlements.

Effective Montgomery Personal Injury Accident Lawyer

If you have been hurt because of the wrongful act of another person, 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 Georges County and Montgomery County in Maryland.

The Damages Available in a Wrongful Death Action in Maryland

Wrongful Death Action in MarylandIn the aftermath of an accidental or wrongful death in Maryland, qualified survivors may seek damages for certain losses. As we indicated in an earlier blog, the approach in Maryland involves two separate claims—a survival claim and a wrongful death lawsuit. The survival claim seeks damages for any pain and suffering the deceased experienced as a result of the accident, but before death. It also allows the estate to recover compensation for burial and funeral expenses. The wrongful death action seeks compensation for lost support, as well as the loss of companionship and consortium. Maryland caps non-economic damages at $2 million.

Top Rated Columbia, Maryland Personal Injury Lawyer

Jonathan Scott Smith, a Maryland Super Lawyer, has protected the rights of personal injury victims across the state of Maryland for over three decades. He knows the impact a personal injury can have on every part of your life, and will fight to get full and fair compensation for all your losses. An experienced trial attorney, he has the skill, knowledge, experience and resources to successfully argue your claim in court.

  • Maryland Super Lawyer .
  • Top 100 Lawyers in Maryland by Super Lawyers (2014)
  • 0 Superb” as a litigation attorney by AVVO.
  • “Client’s Choice Award” by AVVO, based on average client reviews of 5 stars — the highest client reviews possible.
  • Client Distinction Award (Client Review Rating of 4.5 or higher on 5.0 scale – less than 4% of 900,000+ attorneys listed by Martindale-Hubbell).
  • “10 Best Attorneys in the State of Maryland in Client Satisfaction,” American Institute of Personal Injury Attorneys.
  • The National Trial Lawyers: Top 100 Trial Lawyers (by invitation only and limited to the Top 100 Trial Lawyers from each state).
  • AV-Preeminent™*” Highest Peer Rating by Martindale-Hubbell Law Directory (Every year since 1988).
  • The Million Dollar Advocates Forum (Awarded to fewer than 1% of U.S. Attorneys who have Obtained Multi-Million Dollar Verdicts, Awards and Settlements).

These include the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Top-Rated Baltimore, MD Premises Liability Injury Lawyer

We offer comprehensive legal counsel to anyone who has suffered a needless injury because of the carelessness or negligence of others. Send us an e-mail or call us at 410-740-0101 to schedule an appointment. We represent slip and fall injury victims in Howard County, Baltimore County, Carroll County, Frederick County, Prince Georges County and Montgomery County in Maryland.

Who Can Sue for Wrongful Death in Maryland?

Who Can Sue for Wrongful Death in MarylandWhen someone dies because of the careless or wrongful act of another person, it can have a significant impact on many lives. Can anyone who has been affected by the accidental death seek compensation for their losses? What are the criteria for qualifying to bring a wrongful death lawsuit in Maryland and who can sue?

In Maryland, wrongful death claims take two different forms:

  • The estate of the deceased may bring what is known as a “survival action.” Such a lawsuit seeks compensation for funeral and burial expenses, as well as any pain or suffering incurred by the deceased as a result of the accident, but before death.
  • Certain survivors of the deceased may bring a “wrongful death” lawsuit. The damages available in this type of legal action include loss of support, as well as loss of companionship or consortium.

In Maryland, the surviving spouse, parents and children of the deceased are considered “primary beneficiaries.” They may file both a survival action and a wrongful death lawsuit. Other relatives have the status of secondary beneficiaries. A secondary beneficiary will only have a survival or wrongful death claim if there are no living primary beneficiaries.

Top Rated Prince Georges County, Maryland Personal Injury Lawyer

Jonathan Scott Smith, a Maryland Super Lawyer, has protected the rights of personal injury victims in and around the greater Baltimore area for more than three decades. He is a skilled and experienced litigator with the proven ability to obtain positive results at trial.

  • Maryland Super Lawyer .
  • Top 100 Lawyers in Maryland by Super Lawyers (2014)
  • 0 Superb” as a litigation attorney by AVVO.
  • “Client’s Choice Award” by AVVO, based on average client reviews of 5 stars — the highest client reviews possible.
  • Client Distinction Award (Client Review Rating of 4.5 or higher on 5.0 scale – less than 4% of 900,000+ attorneys listed by Martindale-Hubbell).
  • “10 Best Attorneys in the State of Maryland in Client Satisfaction,” American Institute of Personal Injury Attorneys.
  • The National Trial Lawyers: Top 100 Trial Lawyers (by invitation only and limited to the Top 100 Trial Lawyers from each state).
  • AV-Preeminent™*” Highest Peer Rating by Martindale-Hubbell Law Directory (Every year since 1988).
  • The Million Dollar Advocates Forum (Awarded to fewer than 1% of U.S. Attorneys who have Obtained Multi-Million Dollar Verdicts, Awards and Settlements).

These include the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Effective Columbia, MD Personal Injury Attorney

If you have been hurt because of the wrongful act of another person, 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 Georges County and Montgomery County in Maryland.

School Bus Accident Investigated by Howard County Police

School Bus Accident Subject of Howard County Police Investigation

 

A school bus accident on June 6, 2013 occurred when a school bus carrying 55 students from Centennial Lane Elementary School was involved in a three-car crash, sending 9 people, including five schoolchildren, to the hospital. All were subsequently released with minor injuries.

According to police, the school bus was traveling south on Centennial Lane, about a half mile from the school, at around 8:30 a.m. on June 6th, when the bus collided with a van, which then struck a car. The bus driver and five children went to the hospital, as did the driver and two adult passengers in the van. The driver of the car was not hurt.

The school bus accident resulted in police ticketing the bus driver for failure to control his speed to avoid a collision, and with negligence while operating a motor vehicle. They believe the bus driver may have turned his attention away from the road to address students on the bus when the school bus accident occurred. Officials said the school bus accident was not serious and that the children reported “bumps and bruises.”

Highly Rated School Bus Accident Attorney in Howard County, MD

For more than 30 years, attorney Jonathan Scott Smith has been fighting for people’s rights and protecting their interests in Maryland personal injury and school bus accident cases.

Mr. Smith’s extensive trial experience — and track record of successful Past Results, including school bus accident cases — has earned him the recognition of his peers and clients:

  • Maryland Super Lawyer.
  • 10.0 Superb” as a litigation attorney by AVVO.
  • “Client’s Choice Award” by AVVO, based on average client reviews of 5 stars — the highest client review possible.
  • Client Distinction Award (Client Review Rating of 4.5 or higher on 5.0 scale – less than 4% of 900,000+ attorneys listed by Martindale-Hubbell)
  • 2013 Top Attorneys in Maryland (American Registry)
  • 2013 Top Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell.
  • 2013 Top Rated Lawyer in Personal Injury Law by The American LawyerMagazine and Martindale-Hubbell.
  • The National Trial Lawyers: Top 100 Trial Lawyers (by invitation only and limited to the Top 100 Trial Lawyers from each state).
  • AV-Preeminent™*” Highest Peer Rating by Martindale-Hubbell Law Directory (25 consecutive years).

These are the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Attorney Smith aggressively protects the rights of personal injury victims, including people hurt in school bus accident cases. He can help you pursue full and fair compensation for your child’s medical expenses, and physical pain and suffering.

Columbia and Ellicott City Personal Injury Lawyer

If you have been hurt in a car accident or school bus accident caused by the wrongful act of another person, attorney Jonathan Scott Smith will aggressively help you seek damages for all your losses.

Contact our office online or call our office at 410-740-0101 to schedule an appointment. Attorney Smith represents school bus accident victims in Howard County, Anne Arundel County, Baltimore County, Carroll County, Frederick County, Prince Georges County and Montgomery County in Maryland.

Woman Perishes in Fatal Fire

Fatal Fire Claims Woman’s Life in Townhome Fire

A fatal fire occurred in a townhome that caught fire on May 21, 2013. Anne Arundel firefighters were called to the residence in Crofton around 1:40 p.m. on May 21, where they discovered smoke coming out of the second floor of a two-story, end-unit townhome. Pursuant to a search of the premises, they found a woman in a second floor bathroom. She was immediately taken to Anne Arundel Medical Center, and later transferred to the Bayview Burn Center in Baltimore.

A total of 232 firefighters took nearly an hour to bring the blaze under control. Officials report property damage at approximately $60,000. No one else was hurt in the blaze. The cause of the fire remains unknown.

Fatal Fire Cases: Top-Ranked Ellicott City Personal Injury Lawyer

For more than 30 years, attorney Jonathan Scott Smith has been fighting for people’s rights and protecting their interests in Maryland personal injury and fatal fire cases.

Mr. Smith’s extensive trial experience — and track record of successful Past Results, including fatal fire cases — has earned him the recognition of his peers and clients:

  • Maryland Super Lawyer.
  • 10.0 Superb” as a litigation attorney by AVVO.
  • “Client’s Choice Award” by AVVO, based on average client reviews of 5 stars — the highest client review possible.
  • Client Distinction Award (Client Review Rating of 4.5 or higher on 5.0 scale – less than 4% of 900,000+ attorneys listed by Martindale-Hubbell)
  • 2013 Top Attorneys in Maryland (American Registry)
  • 2013 Top Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell.
  • 2013 Top Rated Lawyer in Personal Injury Law by The American LawyerMagazine and Martindale-Hubbell.
  • The National Trial Lawyers: Top 100 Trial Lawyers (by invitation only and limited to the Top 100 Trial Lawyers from each state).
  • AV-Preeminent™*” Highest Peer Rating by Martindale-Hubbell Law Directory (25 consecutive years).

These are the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Attorney Smith handles all types of serious and catastrophic injury claims, including fatal fire cases, burns, broken bones, paralysis, brain and spinal cord injury, and amputation or loss of limb. He also represents individuals and families who have lost a loved one because of a wrongful death, including fatal fire cases.

Maryland Fatal Fire Attorney

Our firm represents injured people in Howard County, Anne Arundel County, Baltimore County, Carroll County, Frederick County, Prince Georges County and Montgomery County in Maryland.

If you have been hurt in a fire, or a loved one has perished in a fatal fire, attorney Jonathan Scott Smith will aggressively help you pursue full and fair compensation for all your losses. Contact us by e-mail or call our office at 410-740-0101 to schedule an appointment.

ADDRESS :

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

  • Call for consultation 410-740-0101