Wrongful death claims may be appropriate when a person dies because of another’s negligent or intentional conduct. In these situations, Maryland allows the deceased’s family to pursue a wrongful death lawsuit against the at-fault party. While the state permits these claims, the wrongful death statute is challenging and requires strict adherence to notice and filing requirements.
Maryland Code § 3-901 explains that a party may bring forth a wrongful death action if a death occurred because of another party’s negligent act or omission. The primary inquiry is whether the deceased would have been entitled to damages if they survived the incident. In this situation, spouses, parents, and children may be entitled to monetary compensation. These claims may arise from a construction accident, nursing home abuse or neglect, defective products, medical malpractice, and auto accidents.
For instance, news sources recently described a harrowing four-vehicle accident in St. Mary’s County, Maryland. State troopers and Maryland State Police Crash Team responded to the scene of the accident. A preliminary investigation reveals that an Audi crashed head-on with an SUV in the center turn lane. The SUV then swiped another vehicle which flipped over and hit another sedan. The SUV driver and passenger died at the scene of the accident. In addition to a host of weapon possession charges, police charged the driver of the Audi with driving under the influence and reckless driving.