Baltimore wrongful death attorneys

Baltimore Wrongful Death Attorneys

Compassionate, strong representation for families when a loved one dies

It’s unimaginable to think that one moment your loved one is here, and the next moment, they’re gone. It’s even worse when you learn that their death was preventable. At Plaxen Adler Muncy, P.A., we’ve been fighting for families in wrongful death cases. While no amount of money can ever bring your loved one back, we work to hold responsible defendants liable. Our Baltimore wrongful death lawyers seek compensation for personal and financial losses.

Our lawyers respect your need to mourn while pursuing the compensation you deserve. Please contact us today to discuss your family’s right to compensation.

How can we help?

What is a wrongful death lawsuit?

A family has the right to file a wrongful death claim if someone owed the deceased a duty of care (such as a duty to drive safely), breached that duty (such as driving while drunk), and their breach caused your loved one to die. Generally, the claim is filed by certain surviving family members to compensate each family member for personal losses (such as loss of companionship, grief, and loss of financial support). The beneficiaries are the eligible family members as set forth in Maryland’s MD Courts and Judicial Proceedings Code § 3-904.

What is a survival action?

A survival action is brought on behalf of the estate of the deceased by the personal representative, and any recovery is distributed according to the will or Maryland intestacy law. A survival action allows recovery for damages the deceased suffered before death, such as medical expenses, lost income, and conscious pain and suffering.

Wrongful death laws in Baltimore, MD

Maryland’s wrongful death law allows certain family members to seek compensation when a loved one dies due to another party’s negligence, recklessness, or wrongful conduct. Beneficiaries that may be eligible typically include the deceased’s spouse, children, and parents. In some cases, other relatives who were financially dependent on the deceased may also be eligible. Compensation may address emotional suffering, loss of companionship, and loss of financial support, subject to statutory limits. Note that Maryland law imposes a statutory cap on "non-economic" damages (like pain and suffering), which the state adjusts every October 1st.

Should you hire a lawyer for wrongful death in Baltimore?

Wrongful death cases in Maryland can be complex. Families may need to pursue both a wrongful death action and a survival action, each with different beneficiaries, damages, and procedural requirements.

Additionally, some insurers and defense counsel may dispute liability and damages. An experienced Baltimore wrongful death lawyer can manage thes

Initiating a wrongful death claim in Baltimore

If your loved one was a spouse, child, or parent and died due to someone else’s negligence, eligible beneficiaries may file a wrongful death claim under Maryland law. The first step is to contact a Baltimore wrongful death attorney. By retaining counsel early, you may receive help preserving critical evidence, identifying potential witnesses, and communicating with insurance companies that may be seeking statements or quick settlements.

An experienced wrongful death attorney can take immediate action to initiate your claim.

Common reasons that a family can file a wrongful death lawsuit

At Plaxen Adler Muncy, P.A., we handle the following types of wrongful death claims:

Vehicle accidents

Car, truck, motorcycle, and other vehicle accidents are common causes of fatalities. The victims may include drivers, passengers, pedestrians, and bicycle riders. Common causes of deadly vehicle accidents include driver intoxication, speeding, and driver distraction. Car accidents may cause traumatic brain injuries, spinal cord injuries, and fatal injuries.

Premises liability

Property owners owe invitees a duty to use reasonable care to maintain safe premises and address unreasonably dangerous conditions, including certain security risks under appropriate circumstances.

Medical malpractice

Medical providers may be liable for the death of your loved one if they fail to make a proper diagnosis, fail to make a timely diagnosis, make ER or surgery mistakes, fail to properly monitor your loved one, or for many other reasons.

Product liability

Manufacturers owe a duty to ensure their products are safe for consumers. Our Baltimore wrongful death lawyers hold manufacturers accountable when vehicle parts, medical devices, drugs, equipment, tools, electronic products, children’s products, and other defective products – and the defects cause the death of a family member.

Workplace accidents

If a loved one who is not an employee (such as an independent contractor, a driver at a construction site, or a pedestrian) suffers a workplace accident, then we can file a wrongful death claim for the family members. In addition, an employee can still make a wrongful death claim under certain circumstances.

Who can file a wrongful death lawsuit in Baltimore?

Only certain family members are permitted to bring a wrongful death lawsuit. Primary beneficiaries include the deceased’s spouse, children, and parents. If there are no surviving primary beneficiaries, a wrongful death claim may be brought by certain secondary beneficiaries. To qualify, a secondary beneficiary must show that they relied on the deceased for significant financial support.

A wrongful death claim is separate from a survival action, which is brought on behalf of the deceased person’s estate. A survival action must be filed by the personal representative of the estate. Any recovery is distributed according to the deceased’s will or Maryland intestacy law.

How much can you sue for wrongful death?

The value of a wrongful death case in Baltimore depends on the individual circumstances of the death, the losses suffered by the surviving family members, and the damages available under Maryland law. Compensation may be pursued through both a wrongful death claim and a related survival action. Each addresses different types of losses.

Damages in wrongful death claims in Baltimore

Our Baltimore wrongful death damages seek the following compensation for the family members:

  • The loss of personal support (love, guidance, companionship, comfort, protection, and education) that your loved one would have provided.
  • The loss of financial support that your loved one would have provided.
  • The mental anguish, emotional grief, and suffering of the family members.

Damages in survival actions in Baltimore

Survival action damages include:

  • The medical bills of the deceased from the time of the wrongful conduct until their death.
  • The loss of income of the deceased due to the wrongful conduct.
  • The pain and suffering of the deceased due to the wrongful conduct, including injuries such as back injuries, internal organ damage, severe fractures, burns, and fatal infections (particularly in medical malpractice or nursing home cases).

How much can you sue for wrongful death?

The value of a wrongful death case in Baltimore depends on the individual circumstances of the death, the losses suffered by the surviving family members, and the damages available under Maryland law. Compensation may be pursued through both a wrongful death claim and a related survival action. Each addresses different types of losses.

Damages in wrongful death claims in Baltimore

Our Baltimore wrongful death damages seek the following compensation for the family members:

  • The loss of personal support (love, guidance, companionship, comfort, protection, and education) that your loved one would have provided.
  • The loss of financial support that your loved one would have provided.
  • The mental anguish, emotional grief, and suffering of the family members.

Damages in survival actions in Baltimore

Survival action damages include:

  • The medical bills of the deceased from the time of the wrongful conduct until their death.
  • The loss of income of the deceased due to the wrongful conduct.
  • The pain and suffering of the deceased due to the wrongful conduct, including injuries such as back injuries, internal organ damage, severe fractures, burns, and fatal infections (particularly in medical malpractice or nursing home cases).

How do you prove wrongful death?

Wrongful death claims differ from personal injury claims because your loved one cannot testify on their own behalf. For this reason, we need to work with witnesses, investigators, liability professionals, and others to help show how your accident happened and why the defendants are responsible. We can explain how the testimony and evidence in your wrongful death case will be used.

To establish a wrongful death claim, the following elements must be proven:

Duty of care

The defendant owed your loved one a legal duty of care. Examples include a duty to operate a vehicle safely, maintain safe property conditions, or provide appropriate medical care.

Breach of duty

The defendant breached that duty by failing to act with reasonable care under the circumstances.

Causation

The breach of duty must be shown to have directly caused or substantially contributed to your loved one’s death.

Damages

Family members can recover in Maryland for the loss of companionship, guidance, and financial support caused by a defendant's negligent or wrongful act.

Wrongful death statute of limitations

Generally, a wrongful death claim must be filed by the eligible beneficiaries within three years of the death (medical malpractice cases may be subject to different statutory time limits). A survival action generally must be filed within three years from when the decedent’s claim accrued, which may be the date of injury or the date the injury was discovered. Some exceptions may apply.

Do you have a wrongful death case?

You may have a wrongful death case if your loved one’s death was preventable and caused by another party’s negligence, recklessness, or wrongful conduct. Claims can arise when their death results in financial losses, emotional pain, or the loss of companionship and support. A Baltimore wrongful death attorney can review the facts of your situation and help determine whether your family has a valid claim.

The type of accident and wrongdoing doesn’t matter

A wrongful death claim is not limited to any specific type of accident. Whether or not you have a claim depends more on whether a person or entity’s negligence, recklessness, or wrongful conduct caused the death.

If a defendant breached a legal duty of care and that breach led to a fatal injury, a wrongful death claim may be available–regardless of how or where the incident occurred.

Getting help when you’ve lost a loved one

When you’re grieving, it might be helpful to seek help to handle legal burdens. An experienced attorney can guide you through the process one step at a time.

At Plaxen Adler Muncy, we’re here to help. Our Baltimore office is located at 575 S Charles St., Suite 504. We can also speak with personal representatives and family members by phone and through online video.

Contact our Baltimore wrongful death attorneys today

The people and businesses that took the life of your loved one deserve to be held accountable for the
death of your loved one. Wrongful death recoveries help compensate your family and help deter future
deaths and injuries by those responsible. We have the experience, resources, and compassion to help
you obtain justice. Please contact Plaxen Adler Muncy using our contact form to schedule an
appointment.

We have offices throughout Maryland.