Alpert Schreyer Personal Injury Lawyers | April 10, 2025 | Wrongful Death
In Maryland, wrongful death claims are often settled in amounts that represent both economic and non-economic damages. If there are receipts related to the incident, you and/or your legal representative should be documenting it.
There is no fixed formula for determining settlement amounts for a wrongful death claim. When you have experienced the unexpected death of a family member due to someone’s wrongful actions in Maryland, accurately documenting the loss should help calculate the settlement.
What is a Wrongful Death Claim?
In Maryland, wrongful death is a legal claim that arises in a civil suit when someone dies due to the negligence, recklessness, or intentional actions of another person or entity. The purpose of a wrongful death lawsuit is to provide compensation to the deceased person’s surviving family members for the loss they’ve suffered.
It differs from a criminal suit because your attorney has to prove by a preponderance of the evidence the negligence of the defendant. The outcome of either suit does not influence the outcome of the other.
Types of Compensation for Wrongful Death in Maryland
Even though it is near impossible to place a value on what it means to lose a family member, in a wrongful death claim, it may combine the costs incurred and income-earning potential of the decedent, as well as the impact the loss has on surviving family members. These are often determined to be economic or non-economic damages.
Economic Damages
Eligible survivors may be compensated for economic damage, such as the lost earnings and medical expenses of the decedent. Funeral costs are also recoverable. Calculating the amount of these damages is usually fairly straightforward because there are actual numbers that can be tallied.
Non-Economic Damages
Non-economic damages are compensation for the losses experienced by the survivor, such as:
- Mental anguish
- Emotional pain & suffering
- Loss of society, companionship, comfort, protection, care
- Loss of advice, counsel, guidance, education
Calculating these damages can be difficult because the values assigned to non-economic losses are arbitrary. Non-economic damages tend to be higher when the circumstances of the death are severe or extreme.
Maryland’s Controversial Cap on Non-Economic Damages
Non-economic damages are capped for most personal injury and wrongful death claims at an annually adjusted amount in Maryland. As of October 1, 2024, the non-economic damages cap for wrongful death actions with a single claimant was $950,000 and $1,425,000 if there are multiple claimants.
Non-Economic Damages Have a Separate Cap in Medical Malpractice Claims
Personal injury and wrongful death claims that arise from the actions of healthcare providers are subject to a separate law that also caps non-economic damages at an annually adjusted amount.
Who Has the Right to a Wrongful Death Settlement?
Only certain family members are given the right to be compensated for a wrongful death. The right belongs to the surviving spouse, children, and parents of the deceased. If none of these primary beneficiaries exist, other relatives, or secondary beneficiaries, who were financially dependent on the deceased, may be eligible to file a claim.
Under most circumstances, a wrongful death action must be filed within 3 years of the date of death. Failing to file within this time limit can result in the loss of the right to pursue compensation, regardless of the strength of the claim.
Wrongful Death Settlements Can Be Calculated in a Number of Different Ways
There are many different factors that can play into how a wrongful death settlement will be calculated in Maryland. If you still have questions, reach out to an experienced attorney. They will be able to review your case and answer any questions you may have.
Contact the Wrongful Death Lawyers at Alpert Schreyer Personal Injury Lawyers in Maryland for Help Today
For more information, please contact Alpert Schreyer Personal Injury Lawyers to schedule a confidential consultation with a wrongful death lawyer. Our team is available to assist clients in Lanham, Frederick, Rockville, Waldorf, Annapolis, and Lexington Park, Maryland.
We proudly serve Charles County, Prince George County its surrounding areas. Visit our law offices at:
Alpert Schreyer Personal Injury Lawyers – Lanham Office
4600 Forbes Blvd Ste #200 Lanham, MD 20706
(301) 936-0011
Available 24/7
Alpert Schreyer Personal Injury Lawyers – Waldorf Office
8 Post Office Rd Waldorf, MD 20602
(301) 932-9997
Available 24/7