A wrongful death claim or lawsuit alleges that
the decedent was killed as a result of negligence on the part of the defendant,
and that the surviving dependents or beneficiaries are entitled to monetary
damages as a result of the defendant’s conduct.
This type of claim is different from a normal
negligence lawsuit, which is filed by the person injured for the resulting
damages. Originally under “common law” (the general legal principles passed
from England to the United States over hundreds of years), a wrongful death
claim did not exist based upon the reasoning that the claim died with the
victim where there was no way to compensate them for damages. The surviving
family members then could not claim damages from the person who caused
the victim's death. Over the years, states have passed "wrongful death
statutes" that provide compensation for persons who may have been damaged
from the death of the victim as well as an incentive to act carefully and
safely. Today, Maryland has a wrongful death statute.
If you believe you have a claim for the wrongful
death of a family member, you should contact our office to discuss it.
There is no charge for a consultation.