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When tragedy strikes a loved one, many families seek justice. If a law was broken and the tortfeasor is a criminal, you should consider pressing criminal charges. But whether you do or not has no bearing on your wrongful death claim. Whether you are the spouse, parent, or child of the decedent, you are able to make a claim under the Maryland wrongful death statute. The wrongful death attorneys at Gelb & Gelb receive inquiries every day from grieving families asking what a Maryland wrongful death case is worth. As we will see, the value of a case varies considerably depending on the facts of the case. Whether the facts support liability against the defendant or whether the defendant has a strong defense must be considered when settling a case. When we go to trial, there is never a guarantee of an outcome.
Even if the facts support us, you never know who is on that jury and what they are thinking. Then, if we do win at trial, there is the possibility of a drawn-out appeals process. Meanwhile, if we settle a case, there is a guarantee of an outcome. A settlement cannot be appealed. We know exactly how much you will receive in compensation for your loss; they cannot take that away. While settling a case, we know we may get more at trial. This is what a Maryland wrongful death case can be worth. Meanwhile, we also acknowledge that one juror may destroy our case, and no compensation can be recovered. Thus, settling a case is a way to hedge your bets. It is also less costly for the claimant. This is why about 97% of personal injury cases settle.
If you ask what a Maryland wrongful death case is worth, seek counsel from experienced Maryland personal injury attorneys today.
Many factors influence what a Maryland wrongful death case is worth. While there are too many to list here, we discuss some of the most common factors we see in nearly every case.
Maryland is similar to the majority of states in the country in that it limits the number of claimants for wrongful death in the state. If you are a cousin of the decedent, you cannot make a claim for the loss of a family member. Of course, you can file a claim against the defendant if you are injured in the accident or even in the zone of danger at the time of the incident. However, you cannot file a formal wrongful death claim under the Maryland wrongful death statute.
Moreover, the amount you are entitled to depends on the nature of your relationship. If you are the estranged child of the decedent, you may not be losing much value when your parent passes away. While this sounds harsh, this is how the law views these cases. A wrongful death claim looks to compensate you, in part, for a loss of training, guidance, and parental support. This considers the difference between what you were getting before your loss and after.
If you are the child, spouse, or parent of the decedent, and you relied economically on the decedent in some way, you may be entitled to compensation for the economic contributions of the deceased. Economic contributions are a critical factor when considering what a Maryland wrongful death case is worth. This is described as “pecuniary loss” in § 3-904 of the statute. This is a broadly defined category that fits under economic damages, a topic we cover below.
How likely a jury to be sympathetic to your case is something we must consider when evaluating what a Maryland wrongful death case is worth. The facts of every case are different. Just as important, the credibility of the witnesses available is critical in valuing your case for settlement. Even with strong facts, no amount of coaching will prepare a weak witness for cross-examination. Or, in some instances, we may not have enough evidence to prove our case by a preponderance of the evidence. At trial, it is our duty as plaintiffs to convince a jury it is more likely than not that our version of events is accurate. The defense does not necessarily have any such burden. Accordingly, we must investigate the case, dig up evidence, and make our case in court.
In some cases, particularly for wrongful death cases, there may be insufficient evidence. The good news is that police often get involved in a death case. So, they will do a lot of heavy lifting to investigate the accident scene. However, some pieces of evidence slip away without a trace. For example, if it is a hit-and-run car accident, we may never learn who the other driver was.
There is a near-endless list of damages you can recover due to losing a loved one. We break down that list into two categories below. When we evaluate what a Maryland wrongful death case is worth, we are not necessarily considering the damages suffered by the decedent. That is for the survival action. While that is deeply intertwined and can be joined with your claim, it is technically separate.
First, we consider any pecuniary loss or benefit per § 3-904(d). This may include medical expenses if you paid for medical care after the accident but before the loss of your loved one. If that is the case, you should not be the one to have to pay that cost. Instead, we will hold the wrongdoer responsible. Additionally, we consider any loss of inheritance. Of course, you are entitled to what is designated to you in the will. However, it is arguable that you will receive less than you would have received had your family member survived. The purpose of a wrongful death claim is to make you whole. It is impossible to do that emotionally, but it can try to do so financially.
Thus, we take the potential savings and assets the deceased would have likely accumulated and left you had the deceased lived a normal expected lifespan. But then, we must reduce the amount to account for any material gain you receive by getting it early. In other words, if the money will reach the exact same amount in 30 years as if your family member had lived 30 more years, then the amount is unchanged. However, if the money had grown faster and your loved one had stayed alive, you would have been entitled to the difference.
Noneconomic damages in a wrongful death claim play a critical role in what a Maryland wrongful death case is worth. Unlike economic damages, this form of damages is more difficult to quantify. It is up to a finder of fact to determine the monetary value of any of these losses. Below, we list the most commonly cited reasons a claimant might receive noneconomic damages.
Note that if one of these does not apply to your familiar environment, it is not compensable in your claim.
To learn what a Maryland wrongful death case is worth, contact our office today for a free consultation.
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