How to Prove a Wrongful Death Case
The following four elements must be established by the claimant in a wrongful death case:
- A human being died;
- The death occurred due to the negligent or intentional actions of another;
- The claimant’s life has been adversely affected by the death; and
- The decedent’s estate has a representative.
Fault, or liability, is arguably the most important element in any civil claim case. A Maryland wrongful death lawyer can help you identify the liable party by conducting an investigation and collecting relevant evidence. If you bring a wrongful death case against the wrong party, you will lose that case and may miss the deadline to file a case against the correct party. It is crucial to get it right the first time.
How Much Is My Wrongful Death Case Worth?
Compensation amounts are generally determined by the circumstances of the decedent’s life and the effects of their death on the lives of the claimants. Due to the nature of wrongful death cases, it is not uncommon for claimants to reach multimillion-dollar settlements and judgments.
In Maryland, there is no limit to how much economic damages one may recover; however, there is a cap on non-economic damages. As of October 1, 2021, non-economic damages are capped at $905,000. Per state law, the cap is raised by $15,000 every year on the first of October.
Please note that the cap also changes based on the number of beneficiaries. For example, if there are two or more beneficiaries filing suit, the cap for non-economic damages is raised to $1,357,500.