Articles Posted in Wrongful Death Cases

In the tragic event of the death of a family member, a wrongful death claim may allow family members to recover compensation for the loss they suffered. Under Maryland’s Wrongful Death Act, a claim can be filed by certain family members against the parties at fault for the family member’s death. The Wrongful Death Act is intended to compensate family members of the decedent based on the losses suffered by the family members.

It is common for defendants in Maryland wrongful death claims to raise the fault of the victim as a defense. Maryland follows the doctrine of contributory negligence, which means that if a plaintiff is found to have been even the slightest bit negligent, the plaintiff is completely barred from recovery. Similarly, a person’s contributory negligence bars recovery of a subsequent wrongful death claim.

Another common issue is proving the elements of negligence in the absence of the victim’s testimony. Without the victim’s statement concerning what happened, families often have to rely on circumstantial evidence to prove the case. This often requires the assistance of experts and investigators. A plaintiff has the burden to prove all the elements of the claim by a preponderance of the evidence, including whether the defendant’s conduct caused the plaintiff’s injuries. Mere speculation cannot sustain a negligence claim. A plaintiff must prove that the defendant’s conduct failed to meet the standard of care, that the defendant’s failure to meet the standard of care caused the plaintiff’s injuries, that the injuries were a foreseeable result of the defendant’s conduct, and that the plaintiff suffered injuries.

When someone causes a serious or fatal Maryland motorcycle accident, the accident may form the basis of a criminal charge against the at-fault driver. However, while judges in criminal cases can order restitution in some situations, the objective of a criminal case is not to compensate the victim for the damages they sustained. Instead, the criminal justice system is primarily concerned with punishing a defendant for violating the law.

A defendant in a criminal matter may also face a civil claim brought by those who were injured in the accident. These are often referred to as personal injury claims. Unlike a criminal case, the focus of a personal injury case is to compensate an accident victim for the damages they sustained as a result of the defendant’s conduct. Often, this includes damages amounts for medical expenses, lost wages, loss of companionship, as well as for any emotional pain and suffering caused by the accident.

When a negligent driver’s negligence or recklessness causes a fatal accident, the accident victim’s surviving loved ones can bring a Maryland wrongful death lawsuit. These claims are very similar to negligence claims except that wrongful death cases allow different types of damages, and the process of filing the case is slightly different. The takeaway is that accident victims are not limited by the state’s decision to pursue a criminal conviction against an at-fault driver, and can pursue their own claim against the motorist in civil court.

Losing a loved one is always a very difficult and trying experience. However, when a loved one is killed in a preventable accident, such as a Maryland motorcycle accident, the feelings of frustration, anger, and loss are difficult to push aside.

In cases involving a negligent driver, the criminal justice system is often disinterested in pursuing a claim against the responsible driver. This is because criminal courts are typically concerned with intentional actions that result in injury, rather than a motorist’s negligence or poor decision-making. And even when a criminal charge is filed, the family of the deceased is typically just along for the ride, having no real role in the proceedings. In addition, even a successful criminal case against a negligent driver will do little to provide for the loss of financial support provided by the deceased. Overall, a criminal charge does little to comfort the family of the deceased other punishing the at-fault driver.

Under the Maryland wrongful death statute, the family members of a Maryland motorcycle accident victim can pursue a civil claim for damages against a negligent driver. Unlike a criminal case, the objective of a Maryland wrongful death case is less focused on the at-fault driver’s violation of the law and more concerned with the loss of life that resulted from the driver’s negligent actions. If successful, the surviving loved one may recover amounts for medical expenses, funeral expenses, loss of financial support, as well as for emotional damages.

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Maryland motorcycle accidents are a common occurrence, and too often, they result in the serious injury or death of the motorcyclist. Many times, these accidents are due in no part to the motorcyclist’s actions but are caused by another driver’s negligence. This may be due to the other motorist being distracted or intoxicated or driving in an aggressive manner.

Anyone who loses a loved one in a motorcycle accident is entitled to seek compensation for their loss through a Maryland wrongful death lawsuit. In Maryland, wrongful death lawsuits must be brought by a primary beneficiary, if one exists. A primary beneficiary includes a surviving spouse, parent, or child of the accident victim. If no primary beneficiary exists, a secondary beneficiary can bring the claim. This opens up the class of putative plaintiffs to anyone who was related to the accident victim by blood or marriage and was substantially dependent on the accident victim.

Once it is determined that the proper party is bringing the wrongful death claim, the claim itself must be established. This requires the plaintiff to show that some negligent act or omission of the defendant resulted in the death of their loved one. Proof of negligence can be shown through the admission of cell phone records, traffic citations, accident reports, or eyewitness testimony. If successful, damages normally include not only amounts for actual losses incurred, such as medical expenses, but also amounts for mental anguish, pain and suffering, and loss of companionship.

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