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Maryland Wrongful Death Questions & Answers
1 Answer | Asked in Car Accidents, Wrongful Death and Criminal Law for Maryland on
Q: How can I protect my family in the state of MD if caught in a roadblock protest and they begin attacking my car?
Thomas J. Maronick Jr
Thomas J. Maronick Jr answered on Jul 3, 2020

In Maryland you cannot use deadly force for property alone and you can only use reasonable force depending on the circumstances. If they are attacking the car with your family in it and you fear for their safety, you could likely use reasonable force to prevent the assault.

1 Answer | Asked in Car Accidents and Wrongful Death for Maryland on
Q: My 28 year old daughter was hit by a car (doing 50-58 miles per hour) on Jan 2, 2020 and died instantly.

She did not cross the street in a crosswalk however, the car was speeding, but did not get a ticket. This occurred in Westminster, Carroll County MD

Mark Oakley
Mark Oakley answered on Apr 25, 2020

I am so sorry for your tragic loss. You should locate a personal injury lawyer with whom you are comfortable and go over the circumstances and legal options in detail. Whenever a death occurs arising out of an automobile accident, there is often a detailed accident reconstruction report... Read more »

2 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for Maryland on
Q: A police crash report was filed with MVA, by Baltimore County Police, which office should we send our dispute to?

Which MVA office would the county crash investigator send report to? Is what I meant.

John Mesirow
John Mesirow answered on Mar 23, 2020

Here's the link to get a copy of the police report:

https://www.baltimorecountymd.gov/Agencies/police/requestreports/

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2 Answers | Asked in Animal / Dog Law, Car Accidents and Wrongful Death for Maryland on
Q: Someone ran over my dog... Can they sue me for car damage?

Our dog was let outside (we live on a farm), she was unleashed. She ran out into the road and a speeding truck had run her over. He did not call the police. Our dog was taken to the vet immediately and stitched up (the vet bill was over $700). She was told she had a high chance to live but... Read more »

Mark Oakley
Mark Oakley answered on Jul 18, 2019

I am very sorry about your dog. Sadly, some people can have no sympathy whatsoever. Unfortunately, as owners of your dog, it is your obligation to maintain it under control and not allow it to run loose across traffic. The people should submit their claim to their car insurance, but legally, they... Read more »

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1 Answer | Asked in Wrongful Death for Maryland on
Q: What’s going to happen if you stole for the mail ?

About 753

Peter N. Munsing
Peter N. Munsing answered on May 23, 2019

federal postal violations and state criminal violations are both likely.

3 Answers | Asked in Wrongful Death for Maryland on
Q: My husband was the sole earner in our family but he was killed in a car crash. Will a wrongful death settlement cover

his future earnings, and for how long?

Mark Oakley
Mark Oakley answered on Dec 26, 2018

Future earnings are just one type of damage you can claim. However, how much you can recover will depend on the insurance coverages available as well as the defendant’s assets. Call a lawyer to discuss thecaim.

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2 Answers | Asked in Wrongful Death for Maryland on
Q: How can a court decide what an academically promising college student's future earnings would be after he's killed in a

car accident?

Thomas Neary
Thomas Neary answered on Dec 11, 2018

Hello - first, I am sorry for your loss!

There are many factors that go into an estimated future income when someone dies before they reach the workforce. In most cases, the attorney on the side of the deceased will hire experts in the area and gather evidence to support an estimate that...
Read more »

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3 Answers | Asked in Wrongful Death for Maryland on
Q: My father was recently killed in a car accident that wasn't his fault. I'm his estranged biological son. Can I still

file a wrongful death suit if I haven't had contact with him in a decade? He has no other living family members to my knowledge.

Mark Oakley
Mark Oakley answered on Nov 26, 2018

Yes, and his estate has a claim it can pursue as well. Consult a lawyer in the state where your father lived at the time of his death, or alternatively, in the state where the accident happened, and proceed from there.

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1 Answer | Asked in Wrongful Death for Maryland on
Q: What kind of taxes would we need to pay on any settlement we'd get?
Mark Oakley
Mark Oakley answered on Oct 19, 2018

Ordinarily, lump sum amounts recovered for compensatory damages awarded in wrongful death claims are not taxable. If the recovery is not related to compensation for personal injuries, but for economic losses like lost wages, and the dollar amount is separately stated in the recovery, then those... Read more »

1 Answer | Asked in Wrongful Death for Maryland on
Q: So if we file a wrongful death claim, does the person go to prison, or is it just money we get?
John Mesirow
John Mesirow answered on Sep 21, 2018

Just money. A wrongful death claim is civil, not criminal.

4 Answers | Asked in Wrongful Death for Maryland on
Q: We are trying to figure out - is wrongful death always a criminal lawsuit?
John Mesirow
John Mesirow answered on Sep 7, 2018

Wrongful death is a civil claim. Contact a personal injury lawyer to discuss the merits of the claim.

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2 Answers | Asked in Wrongful Death for Maryland on
Q: I switched lawyers during the case -- is the first one entitled to any of the settlement?
Mark Oakley
Mark Oakley answered on Aug 23, 2018

By statute, a discharged lawyer is entitled to reasonable compensation for the time expended, plus any out-of-pocket costs advanced in connection with the representation. Ordinarily, your new counsel works out the compensation with your old counsel. This can be however your new counsel is willing... Read more »

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1 Answer | Asked in Wrongful Death for Maryland on
Q: Thanks for your time,, Question: standard % charged to plaintiff in wrongful death suit associated with medical issues?
Joseph D. Allen
Joseph D. Allen answered on Aug 22, 2018

Depends in part on how strong the case is- but medical malpractice cases (particularly involving death) are typically a lot of work even if the case looks like a strong one. Some attorneys charge 33 1/3%. Plus, unless there is a very early settlement, expenses (particularly for expert witness... Read more »

2 Answers | Asked in Wrongful Death for Maryland on
Q: How do we get the court appointed executor to file a claim on behalf of our step father?
Thomas Neary
Thomas Neary answered on Aug 10, 2018

This is a question where details would be important. I suggest that you talk with an attorney who handles wrongful death cases. Many offer free consultations.

Sorry for your loss.

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1 Answer | Asked in Wrongful Death for Maryland on
Q: Does a death have to occur by accident in order to bring a wrongful death claim?
Joseph D. Allen
Joseph D. Allen answered on Aug 5, 2018

No- the death could be caused purposefully. But if it was caused during the course of employment, by medical professionals, or by government employees, the case would have different procedures/standards.

2 Answers | Asked in Wrongful Death for Maryland on
Q: Is it possible to file simultaneous PI and wrongful death lawsuits for a car accident that caused a death?
Mark Oakley
Mark Oakley answered on Jul 13, 2018

Yes. But depending on how many claimants there are who qualify to be part of the wrongful death action, the person(s) pursuing the separate negligence claim may be better off filing separately.

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1 Answer | Asked in Wrongful Death for Maryland on
Q: Can you bring a wrongful death lawsuit for a stay-at-home parent who did not earn an income?
Mark Oakley
Mark Oakley answered on Jun 29, 2018

Yes. Loss of companionship, emotional support, comfort, etc., are all compensable losses.

2 Answers | Asked in Wrongful Death for Maryland on
Q: Who can file a wrongful death lawsuit in Maryland?
Mark Oakley
Mark Oakley answered on Jun 15, 2018

Any person within the class of persons permitted to file under the wrongful death statute. Basically, those persons are: the wife, husband, parent, and child of the deceased person. If there are none of those, then any person related by blood or marriage who was substantially dependent upon the... Read more »

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1 Answer | Asked in Wrongful Death for Maryland on
Q: What are survivors entitled to in Maryland wrongful death cases?
Mark Oakley
Mark Oakley answered on Jun 1, 2018

Loss of consortium, companionship and support, including financial support and lost future lifetime earnings of the deceased, plus loss of services of the deceased.

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