This form is a sample personal injury complaint arising from incident in which decedent was shot multiple times by defendant.
Maryland Complaint for Personal Injury and Wrongful Death due to Shooting / Violence
State:
Multi-State
Control #:
US-PI-0299
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint For Personal Injury And Wrongful Death Due To Shooting / Violence?
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FAQ
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.
The highest wrongful death settlement was $160 million.
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.
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.
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.
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.
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.
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.