Q: Question for a friend - her son died in an accident and he was married but didn't have any children.
She'd like to sue to get some money from the settlement - can she do that as the person's mother, or does it all go to the spouse?
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- Maryland
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A: In Maryland, under the wrongful death statute, your friend who is the mother of an adult child, does have an absolute right to be part of a wrongful death claim for the loss of her son.
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- Maryland
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A: It is wrongful death claim for the mother. If there is a living father, he also has a claim which would increase the cap on noneconomic damages.
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