This form is a sample personal injury complaint alleging that the faulty installation of steps caused the injury and ultimate death of the plaintiff.
Maryland Complaint for Negligence and Wrongful Death
State:
Multi-State
Control #:
US-PI-0185
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint For Negligence And Wrongful Death?
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FAQ
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.
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.
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.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
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.
In Maryland, the deceased person's spouse, parents, and/or children are permitted to file a wrongful death lawsuit. If no one in any of those groups survives the decedent, any person related to the deceased by blood or marriage and who was substantially dependent on the deceased may file the wrongful death claim.
The highest wrongful death settlement was $160 million.
There is a cap on noneconomic damages in Maryland. In 2023, the pain and suffering damages cap for injuries and wrongful death lawsuits in Maryland is $935,000. So if the victim is not killed, the maximum compensation for pain and suffering is $935,000.