Car accidents can have devastating consequences, including serious injuries and fatalities. When a person dies in a car accident, their estate can bring a personal injury lawsuit to recover damages for their suffering. Maryland law takes the position that a careless driver should not be able to evade liability simply because the person they harmed has died. Accordingly, the beneficiaries of the victim’s estate can recover compensation for a fatal Maryland accident.
For example, a recent fatal Maryland accident tragically killed a 19-year-old woman. According to a news article covering the accident, the victim was attempting to make a left-hand turn into a southbound, and she did not yield right of way to a truck traveling northbound. The two vehicles collided, and the woman died at the scene. A passenger of the truck was transported to the hospital for minor injuries.
Can You Bring a Lawsuit After a Fatal Maryland Accident?
In Maryland, a deceased accident victim’s loved ones can bring a wrongful death action to recover damages for the emotional, psychological, and financial harm they have suffered following the victim’s death. By contrast, a survival action allows the victim’s estate to recover the same damages award that the victim could have recovered had they survived. A successful survival action must establish that the defendant owed the deceased a duty of care, breached that duty through their actions or failure to act, caused the fatal accident, and that the victim consequently died. Damages from a survival action can compensate for medical, funeral, and burial expenses, pain and suffering of the deceased, and any resulting property damage. Plaintiffs can bring a wrongful death lawsuit or a survival action up to three years after the victim’s death. If they do not file suit within three years, they lose the right to sue the negligent driver for damages.
Can Maryland Accident Victims Recover Damages if They Were At Fault?
Maryland law prevents accident victims from recovering any damages even if they were only 1% at fault for an accident. It is one of the few states that continues to follow a contributory negligence scheme of recovery, which bars an at-fault plaintiff from recovering money damages. The majority of states follow a system of modified comparative negligence, which allows accident victims to recover damages if they were less than 51% at fault. A skilled Maryland personal injury attorney can help gather evidence and argue to the court that the deceased victim was not at fault for the accident.
Do You Have Questions About Fatal Maryland Accident Damages?
If you are seeking the advice of a fatal Maryland car accident attorney, contact the Schupak Law Firm to discuss your case. The attorneys at our firm possess decades of combined experience handling car accidents, truck accidents, bicycle and pedestrian accidents, and other serious auto accidents. We understand Maryland’s complex contributory negligence laws and will help you develop the strongest possible claim for recovery. To schedule a free initial consultation with an attorney on our team, call 240-833-3914.