Wrongful Death Claims Support
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Why Choose Pinder Plotkin in your Baltimore Wrongful Death Case?
Pinder Plotkin is here for you. We dedicate ourselves to our clients.
We distinguish ourselves because:
- The Pinder Plotkin legal team is your team; you can trust us to be upright and forthcoming with your case
- Our results speak for themselves; we have recovered millions of dollars for our clients
- We’re an accessible team who communicates well with our clients; reach out to us via chat, or call us 24/7
- We care greatly about the Baltimore community we serve and are deeply involved in community initiatives
- We thoroughly research your case, making sure we have all the details we need to present your case
- While we work hard to settle your case out of court, we have the experience to fight for your case in court
If your loved one has been the victim of a wrongful death, contact the personal injury attorneys at Pinder Plotkin. You deserve someone who works as hard as you do to help you with your claim. We realize this is a difficult time for family members, so we try to make this process as simple as possible as you navigate life after the accident. Reach out to Pinder Plotkin so we can discuss your case today.
How is Wrongful Death Defined in the State of Maryland?
Wrongful death in Maryland’s Wrongful Death Statute is defined as a death that results from a negligent act of another party, wherein the deceased individual may have brought an action for recovering damages had he/she not passed away. A wrongful death lawsuit is intended to compensate the immediate family and estate of the deceased person whose death was the result of another party’s negligent actions.
The Wrongful Death Statute was created by the Maryland State Legislature to allow the surviving members of the family, or the deceased’s person’s estate, to receive compensation for the loss of their loved one due to another party’s negligent actions. The statute was created because it is the family that’s usually left suffering after the wrongful death of a loved one.
Loss of income, companionship, and protection, broken families, heartache, and missed memories are all ways that surviving family members may be devastated by the wrongful death of a loved one. The family’s right under Maryland’s Wrongful Death Statute is an independent claim that’s separate from any right that the deceased’s estate might also have.
Wrongful Death Laws in Baltimore
While other states uphold rulings that may allow for damages to be collected even if both parties were at fault, Baltimore’s laws require complete freedom from responsibility for any part of the accident in any personal injury case. Maryland is a state that upholds a Contributory Negligence rule. This means that if a person is at fault, even at the smallest amount of fault, that would be enough to nullify a wrongful death lawsuit and make it impossible to prosecute. The victim in a wrongful death case must have been entirely free of responsibility for the accident that occurred in order for the lawsuit to proceed.
We study all sides of a case to help you prove that negligence lands with the opposing party. If you have concerns about what constitutes a wrongful death suit, contact the lawyers at Pinder Plotkin, and we’ll be happy to answer your questions.
How to File a Wrongful Death Claim in Baltimore
The main part of the wrongful death case will be to prove negligence on the part of the opposition. Negligence can be difficult to claim, and any case will be required to prove if the implied negligence actually led to the cause of death. The Pinder Plotkin legal team carefully examines all documentation, including witness statements and testimony. We gather evidence so we can present a strong case in court.
What are Some Common Situations That May Lead to Wrongful Death?
There are a variety of accidents that may lead to wrongful death lawsuits. Any sort of accident that involves severe or catastrophic injuries that lead to death could result in a wrongful death lawsuit. Some common situations and descriptions of what would meet the required negligence of a wrongful death lawsuit include:
When someone behaves recklessly behind the wheel of a vehicle and an accident that results in death, they can be held responsible for wrongful death. Reckless behaviors can include:
- Driving while intoxicated
- Driving while under the influence of drugs or other mood-altering substances
- Recklessly speeding
- Ignoring stop signs or stoplights
- Ignoring posted warning signs (bridge out, train ahead, etc.)
- Ignoring dangerous road conditions; for example, driving too fast during rainy or snowy conditions
- Racing other cars or otherwise engaging in dangerous behavior on the roadway
- Engaging in road rage
- Falling asleep at the wheel
- Not signaling when turning
- Not seeing or noticing a pedestrian or bicyclist
These, and other behaviors, are liable to cause car accidents.
As with any motor vehicle accident, boating accidents can be deadly. Drowning, hypothermia, or collision injuries may result in death. If the driver of the boat was behaving in a way that endangered others, they could be liable for the subsequent death. This includes:
- Drinking or using substances while operating a boat
- Ignoring waterway signs
- Going too fast
- Driving too close to other boats
- Engaging in other reckless behaviors
Construction is a dangerous job that can lead to injuries from the tools and heavy machinery needed to perform the tasks. OSHA safety standards are put in place to protect construction employees, but if those standards are ignored or basic safety protocols are not met, injuries or death may occur. Construction accidents that result in wrongful death can include:
- Electrocution
- Explosions
- Malfunctioning equipment
- Crane malfunctions or collisions
- Forklift accidents (rollovers, loads falling off, collisions)
- Tools or other equipment falling from a height onto a victim below
While construction workers are the demographic mainly at risk for accidents surrounding construction sites, it is possible that tools, equipment, and construction materials can fall from a construction site and injure or kill someone who is not a construction worker passing below.
Doctors, nurses, and anyone else working in the medical field have an obligation to their patients. They are required to provide a standard of care to their patients to protect their lives. When medical professionals don’t uphold that standard of care and either act in opposition to a client’s best interest or fail to provide appropriate care, their actions may be classified as medical malpractice. The sorts of actions that constitute medical malpractice include:
- Ignoring a patient’s needs during a surgery or procedure
- Ignoring a patient’s needs after a surgery or procedure while that patient is in recovery
- Giving a patient the incorrect dosage of medication
- Prescribing a patient incorrect medication
- Writing a patient the incorrect prescription for their medication
- Not taking the time to review the patient’s complaint or ask the correct questions to fully understand the patient’s situation
- Pushing a patient to have a surgery they do not need to have that serves no medical purpose (elective surgery)
- Neglecting or otherwise mistreating a patient
- Not providing proper care during or after a birth
Medical practitioners who do not thoroughly care for their patients open themselves up to wrongful death lawsuits.
Like the aforementioned medical practitioners, nursing home staff have a duty to the elderly in their care. When they ignore that duty, they may be liable for wrongful death compensation. Negligent actions that constitute nursing home neglect or abuse include:
- Refusing or forgetting to give proper medication to their patients
- Giving the wrong medication, or the wrong amount of medication, to their patients
- Hitting, kicking, or otherwise physically attacking the person in their care
- Isolating patients
- Ignoring to provide medical treatments that were prescribed by their doctors
- Lack of attention to their patient’s daily needs (food, bathing, bathroom needs), leading to health issues
- Failing to care for bed sores, infections, or other health concerns
- Failing to report worsening medical conditions
Not all products are safe for end use or consumption. While quality assurance is supposed to test products for defects thoroughly, that’s not always the case. The manufacturer of defective products that caused your loved one’s death may be liable for your compensation if the product:
- Was packaged unsafely, rendering the product unsuitable
- Did not have proper warning or usage labels
- Was not thoroughly tested
- Contained unstated dangerous materials that caused injury and death
- For food, if the product was not made or packaged in a sanitary environment and that led to deadly bacteria growth
Defective product liability lies with the manufacturer.
Fires can quickly get out of control if unsupervised or if lit negligently or maliciously. If your loved one died because of a fire, the perpetrator can be held responsible in court. This could include:
- A campfire or backyard fire that got out of control
- An electric fire caused by faulty or damaged wiring
- Sparks from fireworks or other explosives
- Cigarettes that were not put out correctly
- Malicious arson
This is not an extensive list of accidents that may result in wrongful death. If you do not see your specific situation here, reach out to the lawyers at Pinder Plotkin so we can talk with you about your potential case.
The company or a coworker may be held liable in a workplace accident that results in death. If the employee who died in the workplace followed all protocols and safety instructions and can be determined to have not been at fault, there may be grounds for a wrongful death lawsuit against the company for creating an unsafe working environment. Some things that may contribute include the following:
- The company did not provide adequate safety equipment
- The company did not provide or request maintenance checks for their tools or machinery
- The company ignored necessary replacements for worn tools or machinery
- The company did not provide or require the needed training for its employees
- The company did not maintain their premises
At Pinder Plotkin, we take your cases with the utmost seriousness, and we aren’t afraid to go up against negligent companies. We will handle your Baltimore wrongful death case with the gravity and dignity it deserves.
Additionally, we greatly respect the first responders and firefighters that serve the Baltimore community. We understand how much you do in your line of work and the risks you take. If your loved one served this community as a first responder and was killed performing their job, we would be honored to help you with your case.
What is the Difference Between a Wrongful Death Action and a Survival (Estate) Claim?
A wrongful death action is brought on behalf of the survivors of the deceased individual, who include the parents, spouse, and/or children. It is intended to compensate the surviving members of the family for any losses suffered in connection with the untimely death of their loved one, which includes lost companionship, lost wages, lost support, etc.
A survival action is usually brought on behalf of the deceased person’s estate. It compensates the estate for losses it paid, which include medical expenses, burial, and funeral costs, etc. related to death. It also compensates the estate for losses the deceased suffered directly, such as pain and suffering related to the fatal injury or illness.
Who Is Qualified to File a Wrongful Death Claim in Baltimore?
Baltimore provides very specific rules when it comes to those who are allowed to file a wrongful death claim or survival action. Whether a particular person is allowed to file a claim generally depends on whether they are classified as a “primary” or “secondary” beneficiary.
Primary beneficiaries include surviving children, parents, and the spouse of the deceased individual. If a primary beneficiary is alive, he/she can file a wrongful death claim, a survival claim, or both. If a primary beneficiary brings either of the claims, any damages awarded in the claim will be awarded solely to the primary beneficiary.
Secondary beneficiaries include the surviving siblings, nieces, nephews, cousins, and other relatives of the deceased. If there aren’t any primary beneficiaries or no primary beneficiaries are willing to bring either type of claim to court, secondary beneficiaries can file a survival action seeking damages on behalf of the deceased person’s estate.
What Are the Types of Wrongful Death Claims in Baltimore?
There are two types of wrongful death claims that Maryland recognizes. Each needs to be distinctly proved.
Survival Actions
Survival actions are filed on behalf of the deceased. They operate under the assumption that, had the person survived, they would have brought a lawsuit for the injuries or damages rendered unto them. This means that the injuries the deceased received that resulted in their death are taken into account and can be compensated for.
Wrongful Death
Wrongful death is a case brought by direct family members who have survived the deceased. This case considers what the deceased left behind, namely, family members that were directly affected by their loved one’s loss and were dependent on the income. It covers emotional and financial damages. It also covers funeral costs and medical expenses.
The lawyers at Pinder Plotkin can handle both types of claims for you.
What Types of Damages Are Recoverable?
Economic damages include the financial damages that are incurred directly from the incident that led to the fatality as well as the loss of future financial contributions by the deceased person. The different economic damages are as follows:
- Loss of inheritance
- Loss of the victim’s wages
- Funeral expenses
- Medical costs
- Loss of goods and services the deceased would have provided if still alive
- Loss of victim’s benefits, such as healthcare coverage or pension
Note: Maryland has no limit on the amount of economic damages that can be recovered. However, there’s a cap on non-economic damages. The cap on non-economic damages, however, increases by $15,000 every year. As of 2022, the maximum recovery is $920,000.
Non-economic damages include less tangible losses, which have to do with social and emotional needs and can be hard to quantify financially. These damages are often met with greater rewards. The various non-economic damages include the following:
- Pain and suffering
- Mental anguish
- Loss of consortium
- Loss of companionship, society, and love
- Loss of protection, care, advice, guidance, nurturing, and training
Note: Maryland has no limit on the amount of economic damages that can be recovered. However, there’s a cap on the non-economic damages. The cap on non-economic damages, however, increases by $15,000 every year. As of October 1, 2020, the maximum recovery will be $890,000.
How to Prove Fault in a Baltimore Wrongful Death Case
As stated before, the fault must clearly sit with the person or company who is accused of causing the death of the victim in a wrongful death lawsuit in Maryland. Contributory negligence by the deceased must be ruled out in order to proceed.
The Pinder Plotkin legal team goes about proving the fault of the opposing party by investigating all angles of the accident and the circumstances surrounding it. We look at police reports taken at the time of the accident. We also collect evidence that proves the defendant was negligent towards the deceased. For example, if the accident happened due to a car crash, we may research the speed of the cars and whether the driver was under the influence of any altering substances. The above actions help us prove that your loved one was not at fault for the accident.
Can The Surviving Family File for Punitive Damages?
Punitive damages may be available in wrongful death claims in Baltimore, but to win an award for such damages, the responsible party generally has to act with the intent to cause injury. This includes malice and being motivated by a malicious or wrongful motive to kill or injure another person. This can be a high standard to meet in wrongful death claims involving only negligence, which is why it is very rare for a jury to award punitive damages in Baltimore.
How is Negligence Proved in a Wrongful Death Case?
Duty of Care
The plaintiff is required to establish that the defendant owed the deceased individual some duty of care. For instance, driving on a public road means that the driver has a duty to follow the rules of the road and drive safely.
Breach
The plaintiff in a wrongful death claim is also required to prove that the actions or inactions of the defendant breached the duty of care, such as running a red light.
Causation
The plaintiff is also required to prove that the defendant’s breach of their duty of care is what ultimately led to the wrongful death.
How Can An Attorney Help A Wrongful Death Claim in Baltimore?
A wrongful death claim in Baltimore starts essentially like any other personal injury claim: It is triggered by the negligent action or actions of another party that leads to a person’s death. It is up to the surviving family members of the deceased or his/her estate that chooses when to involve a wrongful death lawyer.
If your loved one has recently lost his/her life in Baltimore due to the negligent actions of another party, you need to get in touch with reputable attorneys at Pinder Plotkin to allow our team to properly investigate the claim and advise you on what you should expect throughout the course of the wrongful death claim.
The following is a brief breakdown of the steps involved:
Investigation
It doesn’t happen in every case, but in most cases, the party that you plan to file the lawsuit against will attempt to solve the matter out of court. Much of the negotiation will be handled by our lawyers at Pinder Plotkin, who will consult with you about important decisions.
Identifying and Notifying the Parties Responsible
Our team of lawyers will next identify any and all parties believed to be responsible for the death and notify them of the intent to file the lawsuit.
Negotiation and Settling
The team at Pinder Plotkin made up of lawyers and experts will investigate the facts surrounding what caused the death.
Filing the Suit
If the negotiations don’t prove fruitful, our lawyers at Pinder Plotkin will move to file a wrongful death lawsuit, which starts when a Complaint or Writ of Summons is filed, which is done through the courthouse. All the named defendants will be served with this information.
Statute of Limitations on a Wrongful Death Case in Baltimore
Statutes of limitations place a timeframe in which a lawsuit can be filed against an injury or death. If a claim is filed after a set amount of time, it will most often be thrown out.
In Maryland, the statute of limitations for wrongful death lawsuits is three years. This means that you have 36 months from the time of death to bring a lawsuit of wrongful death forward. While this may seem like a lot of time, we urge you to reach out to Pinder Plotkin as soon as you can so that we can get started on your case and deal with the details.
Hire a Baltimore Wrongful Death Lawyer Today
Wrongful death actions and survival actions are usually complex and can take a serious emotional toll on the deceased individual’s loved ones. The pain of losing a loved one is hard enough, and adding on a difficult civil matter that may branch off in a different direction can often prove to be too much to handle without a lawyer that specializes in wrongful death claims being involved.
If your loved one suffered a fatality due to the reckless, negligent, or intentional act of another, you should get in touch with the Baltimore injury law firm of Pinder Plotkin by calling us at the number provided or by filling out our contact form. We will discuss your loss and outline the legal options available to you at your free initial consultation.
FAQs
As a trusted personal injury law firm, we are committed to offering extensive educational resources and addressing frequently asked questions to support and empower our clients throughout their legal journey.
How does your firm determine if we have a valid wrongful death claim?
Our first step is to investigate the circumstances of your loved one's death to prove it was caused by the negligent or wrongful act of another party. We establish this foundation to build a powerful legal claim on your family's behalf.
Who is eligible to file a wrongful death lawsuit in Maryland?
Maryland law specifies that close family members, such as a surviving spouse, children, or parents of the deceased, have the primary right to file. Our firm guides the appropriate family members through this process to ensure the claim is legally sound.
What compensation can your firm help our family recover?1
We fight to recover full compensation for your family's immense losses, including the future income your loved one would have provided, funeral and medical expenses, and the profound loss of companionship, guidance, and support.
How can our family afford to pursue justice during this difficult time?
Our firm handles wrongful death cases on a contingency fee basis. This means there are no upfront costs or legal fees for your family. We only receive a fee if we successfully win compensation for you, removing any financial burden.
What is your firm's role in supporting our family through this process?
Our role is to lift the legal burden from your shoulders. We manage every aspect of the case, from the investigation to fighting in court, with compassion and strength, allowing your family to focus on grieving and healing while we pursue justice for your loved one.
Contact a Baltimore Personal Injury Lawyer for your Free Consultation
If you’ve been injured due to someone else’s negligence, understanding your rights is crucial. Contact Pinder Plotkin today for a free consultation and let our experienced Baltimore personal injury attorneys fight for the compensation you deserve.