Ballenger Creek Wrongful Death Lawyer

Death is a part of life. Losing a loved one is tough, but it is an experience we will all go through at some time. Unfortunately, some deaths do not occur under normal or natural circumstances, and a lawyer can help your family get justice.

If you believe your loved one passed away because of another person’s wrongful actions, speak to an attorney now. Common examples of wrongful death claims are found in cases of medical malpractice, car accidents, and defective consumer goods. Damages tend to be high. You should talk to your attorney about claiming damages for your family’s pain, suffering, and other emotional injuries. Additionally, you may be compensated for the financial costs of your loved one’s passing. Punitive damages may be awarded as a punishment for the defendant, but these tend to be less common. Generally, only certain immediate family members may file wrongful death claims, although others may step in if no family members exist. Evidence will largely come from medical records, but your lawyer might know of other useful information to support your case.

Get a confidential case review for free from our wrongful death lawyers by calling Rice, Murtha & Psoras at (410) 694-7291.

Types of Cases Involving Wrongful Death Claims in Ballenger Creek

According to Md. Code, Cts. & Civ. Proc. Art., § 3-902, our wrongful death lawyers can help you maintain legal action against someone if their “wrongful actions” caused the death of another person. The defendant’s behavior must constitute a wrongful act, such as negligence or a failure to act. This is a somewhat broad way of describing wrongful death claims. It might be easier to understand these cases by examining the circumstances that commonly give rise to wrongful death claims.

Medical Malpractice

Many wrongful death cases are rooted in medical malpractice. If your loved one went to a hospital or doctor’s office for treatment but passed away as a result of the doctor’s negligent care, you may sue for wrongful death.

Medical malpractice cases involving wrongful death can be tricky. Doctors might make mistakes, or patients might not respond well to treatment, but that does not mean the doctor has committed malpractice or that your loved one’s death is wrongful. The doctor’s treatment must fall below the standards of care for you to have a legal claim for damages.

Car Accidents

A very common type of wrongful death claim comes from car accidents. Car accidents are extremely common and happen nearly every day. Some people, unfortunately, do not survive the accident. In such cases, their families may sue the other driver or other responsible parties for causing the accident that ultimately led to the passing of their loved one.

Product Liability

Some victims are fatally injured when they use a defective consumer good or product. For example, maybe your family member decided to use their brand new lawn mower for the first time, only for the mower to malfunction and fatally injure your loved one. You can sue the manufacturer of the defective item and others in the chain of sale for wrongful death.

Remember, to prove a claim like this, your loved one must have been using the defective item for its intended purpose and in a safe manner. Manufacturers are usually not liable if someone purposefully misuses an item in a dangerous way.

Damages Available in many Claims for Wrongful Death in Ballenger Creek

Damages available in cases of wrongful death are somewhat famous for being significant. The courts do their best to compensate plaintiffs and undo as much damage as possible, but death is something that can never be undone, and no amount of money feels sufficient.

Non-Economic Damages

According to. § 3-904(d), non-economic injuries and damages may include emotional pain, mental anguish, loss of companionship and consortium, loss of parental care, and various other painful emotional and mental experiences. These damages are highly subjective, and the jury usually has the final word on their worth.

Statutory limits on non-economic damages in personal injury claims are found under § 11-108(b). The current limit is $935,000, although it is adjusted each year. It will increase to $950,000 on October 1, 2024 and by $15,000 each October going forward. In wrongful death cases, this limit may be exceeded by no more than 150% if two or more beneficiaries exist, according to subsection (b)(3)(ii).

Separate limits exist for medical malpractice claims. Limits on non-economic damages in medical malpractice cases are under § 3-2A-09(b). A plaintiff cannot recover more than $890,000 in 2024. This limit increases by $15,000 on January 1 each year.

Economic Damages

Unlike non-economic damages, economic losses are not capped. They are only limited by your actual expenses. The more money your family loses because of the wrongful death, the higher these damages may be.

A common example of economic losses includes medical bills from when your loved one received medical care for their injuries. Some people receive extensive emergency medical treatment before succumbing to their injuries.

You can also claim the loss of financial support from your loved one. This is common in cases where the deceased person was the primary income earner in their household. Their family may sue for the income their loved one would have provided had it not been for the defendant’s wrongful actions.

People Permitted to File Claims for Wrongful Death in Ballenger Creek

Not everyone is eligible to file a wrongful death case. According to Md. Code, Cts. & Jud. Proc. Art., § 3-904(a), eligible plaintiffs include spouses, parents, and children of the deceased. This can be frustrating for people who were not related to the deceased person but were still very close to them. However, there might still be ways in which other people might participate in the case and get justice.

Under § 3-904(b), if no one qualifies under the above statute, anyone related to the deceased person by blood or marriage and was “substantially dependent” on them may file a claim. For example, if you lost your cousin, aunt, uncle, or grandparent to wrongful death, you can file the case if there is no other immediate family and you were dependent on them for support. Unfortunately, this still means that friends or unrelated loved ones are left out.

Evidence You Need to Back Up a Claim for Wrongful Death in Ballenger Creek

Much of our evidence will likely come from your loved one’s medical and hospital records. We need medical records to establish the deceased person’s cause of death. Since medical records tend to be written for doctors, they can be difficult for laypeople to understand. We need medical experts to go over the records and then testify about them, explaining them to the jury.

We also need testimony from witnesses like you and your family. You can testify about various economic costs, such as the loss of financial support from your deceased family member. You can also testify about non-economic damages like your family’s pain, suffering, and emotional anguish.