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Law Offices of James Lee Katz, P.A.

Wrongful Death

Wrongful Death is the type of legal claim that is brought for a death caused by careless, reckless, or willful conduct.  Recognizing the devastating emotional and financial consequences that result from the death of a loved one, Maryland law specifically identifies surviving spouses, children, and parents as those to be compensated in a wrongul death case.  Recoverable damages are considered among both 'economic losses' for financial losses and 'non-economic losses' for the emotional suffering from the death.

A surviving spouse can recover their 'economic losses' for lost financial support and the value of future services their spouse would likely have provided, and also additional monies for 'non-economic losses' for mental anguish, emotional pain and suffering, and loss of spousal society, companionship, comfort, protection, marital care, attention, advice or counsel experienced and likely to experienced in the future.

A parent who has lost a child can recover their 'economic losses' for any financial benefits they would likely have been expected to receive from their child, and also 'non-economic losses' for mental anguish, emotional pain and suffering, and the loss of your child's society, companionship, comfort, protection, care, attention, advice, counsel or guidance, experienced and likely to be experienced in the future.

A minor child who has lost a parent can recover their 'economic losses' for any lost financial support and the value of lost services their parent would likely have been expected to furnish, and also 'non-economic losses' for their mental anguish, emotional pain and suffering, loss of their parent's society, companionship, comfort, protection, care, attention, advice, counsel, training, guidance or education, both in the past and likely to be experienced in the future.

Wrongful Death claims are for the benefit of the deceased's survivors and measured by the harm to them resulting from the death of their loved one.  A 'Survival' claim is frequently joined with the wrongful death claims. A survival claim is brought by the personal representative, or executor, of the deceased's estate for the losses suffered by the deceased from the time of injury to death.

An Estate can recover the 'economic losses' for the costs of the deceased's medical care, funeral expenses to $5,000, and lost earnings from the time of injury to the time of death, and also 'non-economic' for conscious pain, suffering or mental anguish that the deceased experienced as a result of the injury until death.

A wrongful death can result from a wide range of situations, from a car accident, pedestrian accident, construction site accident, a medical mistake, an unsafe product, a fall from an unsafe location, and other situations.  Because of the many different circumstances that may occur, wrongful death and survival cases are frequently complicated and involve such diverse questions as accident reconstruction, or medical issues involving injuries, proof of the cause of death, evidence of conscious pain and suffering before death, and difficult and emotional presentations from family members about the loss of their loved one.

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