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The primary class consists of the following individuals who are allowed to bring a wrongful death action: Spouse of the deceased. Child of the deceased. Parent of a deceased child. Parent of a deceased adult child OR to whom a parent contributed more than 50% support.
In Maryland, damages in a wrongful death case can include compensation for the following categories of losses: financial contributions the deceased would have made to survivors. mental anguish, emotional pain and suffering, loss of society, companionship, comfort, and protection.
The primary beneficiaries to a wrongful death action are the spouse, parent, or child of a victim. If a primary beneficiary is alive, then a secondary beneficiary will not recover any damages.
The statute of limitations for wrongful death claims is set forth within the wrongful death statute at § 3-904(g) of the Courts & Judicial Proceedings Article. It states that an action for wrongful death ?shall be filed within three years after the death of the injured person.? Md. Code Ann., Cts. &Jud.
Caps on Wrongful Death Damages in Maryland In 2021, the state cap on wrongful death non-economic damages for cases with a single beneficiary is $845,000. For cases with multiple beneficiaries, available damages are increased to 150% of the single beneficiary cap.
The highest wrongful death settlement was $160 million.
Simply put, a wrongful death lawsuit is a claim filed by the immediate family members of the deceased against a person or entity who could be held liable for the death of their loved one. The lawsuit allows surviving family members to recover damages for their loss.
In a survival action in Maryland, damages are measured in terms of harm to the actual victim. The personal representative of the victim's Estate serves as the posthumous agent of the victim. In a wrongful death action in Maryland, damages are measured by the harm to loved ones as a result of the loss of the victim.