When a victim dies in Maryland in an auto accident or truck accident, or as the result of medical malpractice or a defective product, if there is neglience on the part of a person or company, the victim’s family will have a wrongful death claim. Maryland wrongful death law allows a survivor of a victim killed by negligence or malpractice to sue for their loss.The Maryland wrongful death statute provides a list of the individuals entitled to sue under the statute.
The primary beneficiaries to a wrongful death action are the spouse, parent, or child of a victim. If a primary beneficiary is alive, then a secondary beneficiary will not recover any damages.
If there are no living primary beneficiaries to file suit, then a secondary beneficiary may file suit. So secondary wrongful death beneficiaries may recover only if there is no primary beneficiaries if they are related by blood or marriage to the victim and were ” substantially dependent” upon the victim.
Siblings and Other Close Blood Relatives Get Nothing But…
There is nothing in the Maryland wrongful death statute that provides for any recovery for non-dependent siblings, cousins, nieces or nephews or other relatives. But keep in mind we are only talking about the wrongful death claims here. Negligent death cases also involve a survival action component so often family members who do not recover under the wrongful death claim can recover under the survival action if they were blood relatives or named in the victim’s will.
Unfortunately, if there is no primary or secondary beneficiary, there is no wrongful death claim. It is somewhat rare but we do see some cases where there is not a wrongful death claim because there are no relatives that fall under the categories of potential claimants under the wrongful death statute. But, again, they often have a survival action claim.
Getting a Wrongful Death Lawyer to Set Things Right
The attorneys at Miller & Zois have a long history of getting an amount of money for victims that acknowledges the value of the loss of a person that was very special to you.
.If you live in the Baltimore Washington area and you have a family member that you believe was killed by the negligence of another driver on the road, by medical malpractice, or as the result of the use of a defective product, you need compassionate legal help. Get a free on line consultation with a lawyer or call us at 800-553-8082.
More on Wrongful Death Claims
- Six Things You Need to Know About Maryland Fatal Accident Claims
- Maryland Cap Pain and Suffering Damages
- Average Values and Sample Wrongful Death Medical Malpractice Verdicts and Settlements (and in nursing home cases)
- Maryland Wrongful Death Statute
- More on Wrongful Death in Maryland (more Maryland wrongful death lawsuit information)