Baltimore, Maryland Wrongful Death Attorney
Remembering a Loved One While Seeking Legal Action
The loss of a loved one is painful. The pain that family members experience is amplified with the knowledge that but for another person’s negligence, their loved one’s death would not have occurred. Maryland’s wrongful death law allows surviving family members to seek compensation from the person that caused the death of their loved one.
Insurance companies fiercely defend wrongful lawsuits to prevent family members from obtaining the compensation they deserve. An experienced Baltimore, Maryland wrongful death attorney can help you and your family navigate the complex process of litigating a wrongful death lawsuit. The attorneys at Portner & Shure, P.A. can fight to obtain the compensation you and your family deserve.
Contact the award-winning attorneys at Portner & Shure, P.A. at (855) 954-4141 or online.
Maryland Wrongful Death Law
Two legal claims arise from a person’s death when their death is caused by another person’s negligence: a wrongful death claim and a survival action.
A survival action is a legal claim that is made by the victim’s estate against the negligent party. A survival action is essentially a personal injury claim that the victim would have asserted if they had not passed away. This claim allows the victim’s estate to seek compensation for the pain and suffering that the victim suffered prior to their death. Additionally, a survival action allows the victim’s estate to claim medical expenses and funeral expenses.
A wrongful death claim is a legal claim that is made by the victim’s family against the negligent party. It can be asserted by any qualified family member such as a parent, spouse, or child. A wrongful death claim allows the surviving family members to seek financial compensation for the companionship, consortium, income, and support that the victim provided to the family members.
Common Causes of Wrongful Death
Wrongful death claims frequently arise due to:
- Automobile collisions
- Truck collisions
- Motorcycle collisions
- Bicycle collisions
- Pedestrian collisions
- Animal attacks
- Medical malpractice
- Industrial accidents
Damages & Caps in Wrongful Death Cases
Maryland law permits surviving family members of wrongful death victims to claim both economic and non-economic damages.
Damages that are often seen in wrongful death cases are:
- Funeral cost
- Medical bills the victim incurred before their death
- Loss of the victim’s future earnings
- Loss of the victim’s support
- Loss of the victim’s companionship
- Pain and suffering that the victim suffered before their death
Maryland State law imposes a statutory cap for non-economic damages such as pain and suffering. The amount that can be claimed under this cap increases each year, though. Maryland State law has no cap for economic damages, such as loss of income and medical expenses.
Litigation & Defenses
When a person files a personal injury lawsuit, they have to prove all the elements of their claim by a preponderance of the evidence, i.e., 51%, to win. Maryland law provides several defenses to personal injury lawsuits that are also available in wrongful death lawsuits. Insurance companies frequently assert these defenses to deny wrongful death claims and to defend wrongful death lawsuits.
Maryland law allows a civil defendant to assert the defense of contributory negligence. This defense precludes a victim from recovering if the negligent party produces evidence showing that the victim’s own negligence contributed to the accident and their injuries. Additionally, Maryland law allows a civil defendant to assert the defense of assumption of risk. This defense also precludes a victim from recovering if the negligent party produces evidence showing that the victim had knowledge of the risk, appreciated the risk, and, despite knowing of the risk, undertook the risky action.
Insurance companies routinely retain aggressive defense attorneys to defend wrongful death claims. Defense attorneys invoke these defenses to shift blame onto the victim. To overcome these defenses, legal representation by a dedicated Baltimore wrongful death attorney is something you should consider right away.
Why Hire Portner & Shure, P.A.?
Wrongful death lawsuits are difficult cases to litigate. Surviving family members often find themselves fighting an uphill battle against aggressive defense attorneys retained by insurance companies. A Baltimore wrongful death lawyer can make this process less stressful, which will allow you and your family to focus on grieving and healing.
Our experienced Baltimore wrongful death attorneys at Portner & Shure, P.A. zealously fight to obtain justice for the death of your loved one and the financial compensation for you and your family. Insurance companies know who we are and the 25-year track record of success we have built. We have been proudly representing individuals from Maryland’s Chinese (Mandarin and Cantonese), Vietnamese, Korean, and Hispanic communities. Portner & Shure, P.A. receives no fee unless our client obtains a settlement or judgment in court.
To schedule a free consultation regarding your wrongful death case, call (855) 954-4141 or contact us online.
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When you hire Portner & Shure, you can expect more from your representation. In addition to getting an attorney, you will get a committed advocates you has your best interests at heart.