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Maryland Wrongful Death Questions & Answers

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 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 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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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 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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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 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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Q: What kind of taxes would we need to pay on any settlement we'd get?

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 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 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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Q: I switched lawyers during the case -- is the first one entitled to any of the settlement?

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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Q: Thanks for your time,, Question: standard % charged to plaintiff in wrongful death suit associated with medical issues?

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 »

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Q: How do we get the court appointed executor to file a claim on behalf of our step father?

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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Q: Does a death have to occur by accident in order to bring a wrongful death claim?

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 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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Q: Can you bring a wrongful death lawsuit for a stay-at-home parent who did not earn an income?

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 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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Q: What are survivors entitled to in Maryland wrongful death cases?

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.

2 Answers | Asked in Wrongful Death for Maryland on

Q: Can a stay-at-home mom without an income file a wrongful death lawsuit?

Mark Oakley answered on May 18, 2018

If you are within the statutory degree of familial relationship to the person who died in an incident that was wrongfully/negligently caused by another, then you can sue. Even if any other person statutorily allowed to sue files a claim, all other living persons within the statutory class of... Read more »

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Q: Can you start the process of bringing a wrongful death lawsuit before the person has passed away?

Mark Oakley answered on May 3, 2018

You can’t file a wrongful death action, but you should retain counsel immediately to begin gathering and securing all the evidence and proof you will need. Claims like this need immediate attention to identify witnesses, lock in statements, preserve video evidence if any, etc.

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Q: It is possible to bring a wrongful death lawsuit on behalf of an unborn fetus in Maryland?

Mark Oakley answered on Apr 20, 2018

You mean, the fetus is/will be the child of the person (the father?) who suffered the wrongful death? I would wait until the child is born, then file the suit on the child's behalf. If you mean the unborn fetus was the one who wrongfully died, then there would be other issues, and in Maryland,... Read more »

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Q: In a wrongful death case with multiple heirs, should each heir hire her own attorney?

Mark Oakley answered on Apr 16, 2018

It is each heir's option, but if all can agree to the percentage share of any recovery, then it would be more efficient for one lawyer to handle the entire claim, and may reduce costs and fees for all. However, if those entitled by statute to participate cannot agree or get along, then disputes... Read more »

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