When you lose a loved one due to someone else’s negligence or wrongful actions, the emotional toll is immeasurable. Beyond the grief and loss, families often face significant financial burdens including funeral costs, outstanding medical bills and the sudden absence of income that the deceased would have provided.
A wrongful death lawsuit provides a legal remedy that allows surviving family members to seek compensation for these financial burdens and other losses.
Economic damages
Economic damages represent the tangible financial losses resulting from your loved one’s death. Medical expenses incurred before death are also recoverable including emergency services, hospital stays, surgeries, medications and any rehabilitation attempts. Perhaps most significant is compensation for lost income and benefits, which accounts for what the deceased would likely have earned throughout their remaining work life, including salary increases, bonuses and retirement benefits.
Non-economic damages
Non-economic damages address the intangible yet profound losses that family members experience. These include loss of companionship, guidance and emotional support that the deceased would have provided throughout their expected lifetime. For surviving spouses, this includes the loss of intimacy and partnership, often called “loss of consortium.” For children, it includes the loss of parental guidance and nurturing. Though more difficult to quantify than economic damages, these losses represent real and significant harm to surviving family members.
Survival action damages
Maryland permits recovery for the deceased person’s pain and suffering experienced between the injury and death. This “survival action” compensates for the conscious pain, suffering and terror your loved one experienced before passing. The compensation goes to the estate rather than directly to family members. Recovery for these damages typically depends on evidence that the deceased was conscious and aware of their impending death or experienced pain after their injury.
Punitive damages
In cases involving particularly egregious conduct, punitive damages may be awarded. These damages are designed to punish defendants whose actions showed gross negligence, recklessness or intentional misconduct. They also serve to deter similar behavior by others. Punitive damages are not available in all states and typically require meeting a higher standard of proof than other damages.
Seeking legal guidance helps families navigate the complex wrongful death claims process while focusing on healing from their loss.
