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The Limitations on Wrongful Death Claims in Maryland

The Limitations on Wrongful Death Claims in Maryland

The lawyers at Cardaro & Peek can help you navigate limitations in your loved one’s wrongful death case.

The Wrongful Death statute (Md. Courts and Judicial Proceedings § 3-904) was created by the Maryland legislature to allow surviving family members to sue those responsible for their loved one’s death. Compensation can not undo the careless actions of a medical professional, but it can assist loved ones with seemingly insurmountable medical bills and other related costs. In addition to meeting the standard requirements for a wrongful death lawsuit, Maryland claimants must also navigate the limitations established by the state. Read on to learn more about the wrongful death statute, and call the lawyers at Cardaro & Peek for assistance with your claim. 

The Law Applies to Certain Family Members 

In Maryland, not all surviving family members are eligible to pursue a wrongful death claim. Only the parent, child, or spouse of the deceased person can file a lawsuit. There is an exception if the deceased did not leave behind a living parent, child, or spouse. In that scenario, any person related to the deceased by blood or marriage can file a claim, but they must show that they were substantially dependent upon the deceased person before the malpractice took place. 

The Maryland Statute of Limitations 

According to the Code of Maryland § 3-904, claimants must file a wrongful death lawsuit within three years of their loved one’s death. The statue is different if the deceased died because of an occupational disease. In these scenarios, the surviving family member must bring a claim within ten years of the family member’s death or three years from the date that the occupational disease was identified as the cause of death. 

Non-Economic Damages Cap 

As of 2020, the cap on non-economic damages for wrongful death cases is $900,000, and the number increases annually. In the event of wrongful death cases made by two or more surviving family members, the cap rises to $1,350,000. Caps on non-economic damages are tort reforms designed to limit the damages on non-monetary losses such as pain and suffering.

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

The lawyers at Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington D.C. Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website and follow us on Facebook, Twitter, and LinkedIn for more information.

This entry was posted on Monday, September 16th, 2019 at . Both comments and pings are currently closed.