This form is a sample complaint for use in a personal injury case involving a train-automobile collision resulting in the death of the driver of the automobile.
Maryland Complaint for Personal Injury and Wrongful Death Due to Train or Automobile Accident
State:
Multi-State
Control #:
US-PI-0276
Format:
Word;
Rich Text
Instant download
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How to fill out Complaint For Personal Injury And Wrongful Death Due To Train Or Automobile Accident?
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FAQ
For any injury arising on or after January 1, 2023, the cap on non-economic damages is $875,000, for a medical malpractice injury or wrongful death case (if there is only one beneficiary).
Maryland Caps on Damages in Medical Malpractice Lawsuits. The noneconomic damages cap in Maryland medical malpractice cases arising in 2023 is $875,000. The cap is $1,093,750 in wrongful death cases made by two or more surviving family members. There is no cap on economic damages.
Depending on who survived the deceased, there could be several beneficiaries who will share wrongful death proceeds. Wrongful death proceeds are essentially divided between a primary and secondary set of beneficiaries.
Punitive damages can be awarded to Maryland victims if a defendant acted in a particularly grossly negligent way, causing a victim's injuries. These damages seek to punish defendants for their actions and they are not available in every personal injury claim in Maryland.
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.
Who can bring an action under the Wrongful Death statute? Under Md. Courts and Judicial Proceedings § 3-904(a)(1), it grants spouses, parents and children of the deceased person an independent right to bring a lawsuit against those that should be held accountable.
In general, you can sue any negligent party whose actions caused your car accident. While some states may limit legal action against certain entities, Maryland allows car accident victims to sue at-fault drivers, insurance companies, government entities, and third-party organizations.
Wrongful death happens when somebody is killed because of another person or entity's negligence or misconduct. Although there may be a criminal prosecution related to the fatality, a wrongful death lawsuit is a civil action that is separate and distinct from any criminal charges.