You may be the surviving family member of a loved one who died in an accident. Or, you may have been personally made the victim of an accident. Either way, you may be suffering in different yet equally devastating ways. Without further ado, please read on to discover the types of damages you may seek to recover in a wrongful death claim versus a personal injury claim and how a seasoned St. Mary’s County wrongful death lawyer at The Dorsey Law Firm can help you be successful in your efforts toward justice.
What can I recover in a wrongful death or personal injury claim?
For one, you may pursue a wrongful death claim on behalf of your loved one who cannot hold the negligent party accountable themselves. As a close family member, you may have had to deal with the complex aftermath of their death. That is, at a time when you should have taken the time to mourn, you may have had to figure out how to pay the outstanding balance of your loved one’s medical bills, for the healthcare treatments they received up until their passing. All the while, you may have had to cover the cost of their funeral and burial expenses. If you were financially dependent on your loved one up until their death, you may be impacted by the loss of their future financial contributions. Nonetheless, these are all damages you may fight to recover in your wrongful death claim proceedings.
Similarly, for your personal injury claim, you may cite economic damages such as medical bills and lost wages at the time you were physically recovering from your incurred injuries. You may also claim a lost future earning capacity if your injuries are severe enough that they prevent you from returning to your previous career or field of work indefinitely. What’s more, though, you may want financial compensation to repair or replace your personal property that was collateral damage in the accident event. Lastly, a likely non-economic damage you may have is physical pain and emotional suffering.
Am I eligible to file a wrongful death claim on behalf of my loved one?
Even though your emotional relationship with your loved one may have been close, Maryland law only permits certain surviving family members to pursue wrongful death claims. Namely, the primary beneficiaries of the deceased are considered to be the surviving spouse, children, and parents. If the deceased did not leave behind any primary beneficiaries, then the surviving siblings, cousins, or extended family members who were financially dependent on them may step forward with legal action.
Ultimately, for a valid wrongful death claim, you may have to establish that an element of negligence existed in your loved one’s accident, and how such negligence led to the eventual passing of your loved one. So, if you need legal representation fast, a competent Leonardtown personal injury lawyer is prepared to step up. The team at The Dorsey Law Firm looks forward to meeting you, working with you, and helping you.
