In the tragic event of the loss of a loved one, a wrongful death claim may allow family members to recover compensation based on their loved one’s wrongful death. Maryland’s Wrongful Death Act (the Act) allows a parent, spouse, or child (or others in some circumstances) to recover based on the deceased’s wrongful death. There are some limitations depending on the circumstances of the deceased’s death. Spouses, parents, and children are considered primary plaintiffs under the Act. In addition, if the deceased had no spouse, parent, or child who qualifies under the wrongful death act, any person who is related to the deceased by blood or by marriage who was substantially dependent upon the deceased may file a wrongful death claim. These plaintiffs are considered secondary plaintiff, meaning that they can only recover if no primary plaintiff exists.
A wrongful death claim is based on a wrongful act that would have allowed the deceased to recover if he were still alive. This type of claim is meant to compensate close family members who wrongfully lost their loved one. Successful claims allow claimants to recover compensation for damages relating to the claimant’s suffering, including mental anguish, loss of companionship, loss of guidance and education, emotional pain and suffering, and loss of parental, marital, or filial care. A wrongful death claim normally must be filed within three years of the death of the deceased. In the case of an occupational disease, the claim must be filed within ten years of the deceased’s death or within three years of the date when the cause of death was discovered, whichever comes first.
Claimants also often have to defend the actions of the deceased leading up to their death. A defendant will often argue that the deceased was partially at fault for their death. If a defendant is successful in doing so, a claimant can be barred from recovering compensation if the deceased is found to have been partially at fault for their death.
Crash Between Bus and Semi-Truck Kills Passenger, Injures Three Others
A passenger on a transport bus was killed in an accident on a recent afternoon, according to a news source. The bus reportedly crossed the center line of a road and crashed into a semi-truck head on. One passenger was killed and two others were transported to a local hospital. The bus driver was also airlifted to a hospital with serious injuries. The cause of the crash was reportedly unknown and the crash is still being investigated by the authorities.
Call a Maryland Personal Injury Lawyer
If you have lost a loved one in a Maryland truck accident, or another type of accident, the aftermath can be overwhelming. The Maryland personal injury lawyers at Lebowitz & Mzhen can take charge and pursue all of the responsible parties for causing the wrongful death of your loved one. We will guide you through each step of the legal process, ranging from the investigation to litigation and settlement negotiations. To set up a free consultation regarding a wrongful death claim or personal injury claim, call us toll-free at (800) 654-1949 or contact us online.