DC Injury Lawyer Blog
Too often, car accidents can have devastating consequences for accident victims and their loved ones. If you have lost a loved one in a fatal accident, you may be unsure of what to do next. While nothing will bring your loved one back, it may be helpful to understand your options for bringing a claim against the responsible driver. Doing so may help you obtain compensation for the economic and personal losses you have suffered after a fatal accident.
As a recent news article tragically reported, a woman lost her life after a serious car accident in Mechanicsville, Maryland. According to a preliminary investigation, the accident occurred when a Corvette traveling southbound struck the rear driver side of a Toyota 4Runner. The Corvette driver then hit a Toyota Camry. All three vehicles ran into a berm, causing the Corvette and Camry to roll over and the 4Runner to cross into the northbound lane. Sadly, the Camry driver died at the scene. The Corvette driver was transported to the hospital for his injuries. Police believe that excessive speeding may have contributed to the crash.
Can You Sue a Driver for a Loved One’s Death in Maryland?
Maryland allows a deceased victim’s loved ones to bring a wrongful death lawsuit against the party responsible for the victim’s death. Under Maryland law, the deceased’s relatives can file a wrongful death lawsuit, including their spouse, parents, or children. If the deceased does not have any surviving relatives in these categories, other relatives by blood or marriage may bring a claim if they relied on the deceased financially. Wrongful death lawsuits ensure that a negligent party does not escape responsibility for their actions solely because the victim has died. Consequently, a person can bring a wrongful death suit against a defendant so long as the deceased could have brought a claim had they survived the accident. Anyone bringing a wrongful death lawsuit thus has to prove the same elements of a negligence lawsuit as if the deceased directly sued the defendant. Specifically, plaintiffs must prove the defendant owed the deceased a duty of care, breached that duty through their negligent action or failure to act, caused the fatal accident, and that the deceased passed away as a result.
What Damages Are Available in a Maryland Wrongful Death Lawsuit?
In a Maryland wrongful death lawsuit, the deceased’s loved ones can recover several types of damages awards. First, they can seek economic damages to compensate for expenses related to the victim’s death. These can include medical and funeral expenses as well as lost future earnings. Additionally, the deceased’s loved ones can sue for non-economic damages, such as emotional pain and suffering resulting from their loved one’s death. In particular, the deceased’s spouse can sue for loss of consortium. Under this claim, a spouse can seek compensation for the loss of the deceased’s comfort and companionship.
Do You Need a Maryland Wrongful Death Attorney?
If someone you love has died in a fatal Maryland car accident, contact the skilled attorneys at the Schupak Law Firm to discuss your case. Our attorneys possess extensive experience in Maryland personal injury law and have diligently represented clients in fatal car accidents. If you need a compassionate and dedicated attorney to guide you through the legal process, the attorneys at Schupak are here to help. To schedule a free consultation with an attorney on our team, call our office at 240-833-3914.