Hello. I am an attorney practicing in Maryland, D.C., and soon in Virginia, but this blog will be very generalized so that it is not specific to one jurisdiction. The purpose of this blog is to post general information for your rights with regards to various types of personal injury matters, including car accidents, work injuries, medical and dental malpractice, nursing home negligence, products liability, and social security disability. My goal is to provide you with as much information as possible so you are more informed prior to contacting or retaining an attorney to represent you. Each blog posting will cover a specific area of personal injury law. I will update my blog from time to time as necessary. If you have any questions, I can be reached at 240-993-9850 or via e-mail at andrewsindler@aol.com.
PERSONAL INJURY IN GENERAL
It's only natural that when we suffer bodily injury, no matter how severe, we want to blame someone and possibly even be compensated if someone else was at fault... but how far will the law allow us to go? It depends on the type and nature of the injury. To make it easier, I'll break it down by topics. This one is devoted to Claims for Fatal Injuries.
FATAL INJURY ACTIONS
This post is very similar to the motor vehicle accident and healthcare malpractice posts, but this one will provide a little more detail about claims to be filed when someone is fatally injured (killed) as the result of someone else's negligence (whether from a motor vehicle accident or a healthcare malpractice, or something else). You will notice that I gave a little bit of information about this in my motor vehicle accident post.
Types of Claims to File
There are two types of claims that will be filed on behalf of the deceased victim.
1. Survival Actions: These are brought by the survivors of the deceased victim, on behalf of the deceased victim. The theory behind this type of action is that if the deceased victim had survived, he/she would have been able to make the same claim for injuries and damages. In a sense, their right to bring a cause of action is preserved by the survivors. The survivors to bring such an action may include a spouse, minor child (brought by the parent or legal guardian), a parent of a minor or adult child, a sibling, or even a grandparent. The basis for injuries or damages is the same as those listed in the motor vehicle accident and healthcare malpractice posts.
2. Wrongful Death Actions: These are brought by the survivors of the deceased victim, on their own behalfs. The theory behind this type of action is that the survivors will be forever damaged by the loss. Sometimes the damages will be capable of being calculated (medical and funeral expenses, loss of future wages, etc.), and sometimes they will be very general (the loss of companionship, loss of love, loss of social function, etc.).
As before, there are two categories of damages available- Economic Damages (specific dollar amounts like loss of future wages, medical and funeral expenses, property damage, etc.) and Non-Economic Damages (loss of companionship, loss of love, etc.). While there is no limit on Economic Damages, there is a cap on the amount of non-economic damages allowable in Maryland, and it is specifically written into the law. The amount increases each year, but it is currently $680,000 for the survival action, and $1,020,000 for a wrongful death action in which there are two or more survivors (if it's one survivor, it's $680,000).
Because death is difficult enough to deal with as the surviving family member or friend, your attorney should be there for you through every aspect of this very complex and emotionally trying matter.
Follow the same steps you have followed for your personal injury matters, when you are ready to do so, and do not allow yourself to be pushed into filing a lawsuit until and unless you are ready to do so. As always, if you are wronged by someone else's negligence, whether you are the direct victim or a victim by circumstance (as in this case), you are entitled to what you deserve.
Regardless of content, the information contained in this blog is intended for educational purposes only and shall not operate to bind the writer or any associated or referenced business, law firm, or other entity to any order or other contract unless pursuant to explicit written agreement or government initiative expressly permitting the use of such blog for such purpose. The reader hereby expressly agrees to save and hold harmless from liability the writer or any associated or referenced business, law firm, or other entity for the information provided in this blog, and further acknowledges that the information contained in this blog does not constitute legal advice or counsel, and shall merely be construed as informational, and not binding advice. The reader further acknowledges and agrees that this information does not serve to create a lawyer-client or other legal relationship between the reader and the writer or any associated or referenced business, law firm, or other entity.
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