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A Maryland wrongful death claim by a child serves to compensate the child for the loss of a parent. There is nothing available in civil law that will truly compensate a child for the loss of a parent. If this was a criminal act, the state should pursue criminal charges and serve justice on the wrongdoer. If it was an act of negligence, your only recourse may be through a Maryland wrongful death attorney. This is a complicated process, and more than one claim is likely available. Of course, your parent’s estate has a claim available, known as a survival action. Gelb & Gelb can represent your interests and help create the estate for the decedent. While technically, these are two separate claims, they are often joined together against the mutual defendant. For children, these claims seek justice for the untimely death of a parent.
It also offers a means to secure financial support and recognition of the profound personal loss. As a child of the decedent, you may be entitled to your parent’s estate and file your own claim due to the loss of parental support. These are two separate claims and should be viewed as such. Below, we discuss whether you are eligible to file a claim as a child. Then, we discuss the damages that may be available to you. If you are a minor, we may need to create a trust and have any settlement approved by the court. We have decades of experience doing this and are happy to help you navigate this process.
At Gelb & Gelb, we have handled over 10,000 personal injury cases since our founding in 1954. Since then, we have recovered over $150 million. We will apply this experience to your case to recover maximum compensation for your loss.
§ 3-904 of the Maryland Code outlines the eligibility requirements to file a claim as a child in Maryland. In general, this statute acts to exclude more so than it does to lay out who is eligible. Under § 3-904(a)(3)(ii), if a child is responsible for the death of the parent, the child is unable to make a claim. This rule is common throughout each state’s wrongful death statute and is known as a “slayer statute.” This leads to whether you can make a claim as a sibling. Generally, you cannot make a claim for the loss of your sibling. Your parent can file a wrongful death claim for the damages related to that loss of life.
However, you generally cannot. But, if your sibling did not have a living parent, child, or spouse at the time of death, you may become eligible under § 3-904(b). Although, you must have been substantially dependent on the decedent prior to their death. Besides the foregoing, eligibility for a Maryland wrongful death claim by a child is simple. Although, collecting damages depends on the amount of dependency and the nature of your relationship. We explore that below.
Note that the types of damages available in a Maryland wrongful death claim by a child are separate from the damages available to your parent in their survival action. The estate of the decedent is entitled to those damages. You may still receive those damages if the survival action is successful and the decedent has designated you as the beneficiary of their estate in their will. Those damages ultimately represent the financial and physical injury that the decedent suffered. The question we address here is what injuries you have suffered for losing a parent. This depends on the nature of your relationship and your age. If you are a young child but your parent is not in your life, you are not losing much in the eyes of a court.
They will see that you did not receive much parental guidance before, so the loss of life does not have a significant effect on your life. Of course, you may still suffer mental anguish. And if you do, we will fight so you receive compensation. Also, note that the value of parental guidance and training is less if you are already an older adult in your 30s than a 12-year-old child still living with their parents. There is no question that a 35-year-old adult who has a strong relationship with a parent is facing a considerable loss when a wrongful death occurs, but a child generally loses more. This is a large part of how a court values your claim. Regarding the types of damages available for a Maryland wrongful death claim by a child, those are listed below.
First and foremost is the pecuniary loss. This relates to the inheritance you would have benefitted from if your deceased parent had been able to keep working. This accounts for potential promotions, raises, and their ability to grow their wealth. This has been taken from you and is considered a loss under the law. Below is a list of non-economic damages you may also be entitled to.
The first step of the legal process for a Maryland wrongful death claim by a child is speaking to an attorney. At Gelb & Gelb, we offer free consultations and case evaluations to anyone seeking help with a personal injury claim. We understand how difficult this process is, and we are here to make it as easy as possible for you. We will assess the merits of your case and help you decide if it is something you want to move forward with. In some death cases, even if liability is clear, there may be no source of recovery. For example, if the death is due to the intentional conduct of an individual, that individual may have insufficient assets if we sue him and receive a judgment at trial. Thus, it is not worth the expense of pursuing the claim.
We can vet this for you and are happy to explain in greater detail for your case. You must also be aware of any statutes of limitations. In Maryland, the statute bars claims filed later than three years after the accident. However, some exceptions make the deadline far sooner. For one, the PIP deadline in Maryland is one year. Additionally, we have a very limited time to put the state of Maryland on notice if the claim is for wrongful government conduct. If you miss one of these deadlines, you may lose the right to make a claim altogether. Accordingly, speaking to an attorney immediately is paramount to preserve your right to due compensation.
If you are interested in pursuing a Maryland wrongful death claim as a child, contact our office today. These cases can be complex procedurally as well as substantively. It is in your best interest to get legal counsel involved as soon as possible. Ensure your grief and loss are met with the dignity and support they warrant.
Call our office at (202) 331-7227 for a free consultation.
Copyright © 2024 Gelb & Gelb, P.C. All rights reserved.