Gelb & Gelb, P.C.
N/aCopyright © 2023 Gelb & Gelb, P.C. All rights reserved.
Our Annapolis wrongful death lawyers have a breadth of experience handling cases of deceased victims. Our legal team does handle cases that result in the death of a victim due either to negligence or intentional conduct. However, a wrongful death action, in its traditional sense, is a legal action brought by a family member for the loss of a loved one. Jurisdictions vary as to how close the familiar relationship needs to be to bring this action. The measure of recovery also varies from jurisdiction to jurisdiction. In general, a plaintiff may not recover for pain and suffering on behalf of the victim. Those elements are accounted for, but not for the family member pursuing a wrongful death action.
In Annapolis and the rest of Maryland, §3-904 allows for a wrongful death action for the benefit of a spouse, parent, or child of the deceased. Whether the death is due to a car accident, truck accident, motorcycle or pedestrian accident, you may have a claim for wrongful death. Note, not every family member has a claim in Annapolis. In some cases, you may be able to pursue your claim under a different state’s laws. However, you should note that most states place restrictions on who may recover. Legal policy encourages that only close family members may recover.
The general rule is that a plaintiff may recover for the pecuniary injury resulting to the spouse and next of kin. This allows for loss of support, loss of companionship, consortium, and many other intangible damages. If you are a child of the victim, your loss of support may be substantial and life-altering. Your family may no longer be able to afford private school or college. When the loss of support includes tangible, economic damages beyond emotional loss, your recovery may be considerable.
The question of how much you can recover cannot be answered without your Annapolis wrongful death lawyer knowing your unique facts. This is why it is always important to speak to an attorney. Our case consultations are always free. If you want to know more about how much you can recover, speak to an attorney today. While it is impossible and, in fact, unethical for an attorney to give you a number prior to your suit, they can help you understand what goes into proving damages.
The first defense is contributory negligence. Maryland is one of only five jurisdictions in the country which allows for this defense. The rule states that a plaintiff may not recover in a negligence action if he or she is even 1% negligent. Unfortunately, if a jury finds that the defendant is 99% negligent and you, the plaintiff, are 1% negligent, then you cannot recover at all. This defense states that recovery is permissible only to the extent that the victim could have recovered in the action if he or she had survived. However, the law does recognize some exceptions. The primary exceptions is known as the “last clear chance” doctrine. For more information or any questions on this defense, contact an Annapolis wrongful death lawyer.
The second defense is against a beneficiary. Unlike the defense above, this defense does not necessarily bar the action. However, it may reduce the ultimate recovery. This is more of a catchall category. The options for a defendant in defending a case are theoretically limitless. So, do not go through this process alone. Call an Annapolis wrongful death lawyer who has nearly 70 years of experience.
Wrongful death cases are complex. First, you must prove that the deceased has a viable claim and prove that. The representative of the estate for the victim has a separate claim from a plaintiff in a wrongful death case. If you, the plaintiff, can prove that the death is wrongful, you must then prove your own damages. If you believe you have a claim, call an Annapolis wrongful death lawyer today for a free consultation.
Gelb & Gelb, P.C.
N/aCopyright © 2023 Gelb & Gelb, P.C. All rights reserved.