The untimely death of a loved one is devastating, especially when it is caused by another person’s negligence or recklessness. In these situations, surviving family members may have legal options to hold the responsible party accountable. One such option is a wrongful death lawsuit, which allows families to pursue compensation through a civil court.
This article explains the right to file a wrongful death lawsuit for vehicular homicide in Maryland and outlines the types of damages that may be available.
What Is Vehicular Homicide in Maryland?
Vehicular homicide is a criminal offense in Maryland and occurs when a person causes the death of another while operating a vehicle in a grossly negligent manner.
Examples of conduct that may constitute vehicular homicide include driving under the influence of alcohol or drugs and engaging in reckless driving that disregards the safety of others.
It is important to note that a driver may still be held liable even if their conduct amounts to simple negligence, meaning they should have been aware of the risk their actions posed to others.
What Are Wrongful Death Claims and Survival Actions?
Maryland law allows surviving family members to file a wrongful death lawsuit against the driver responsible for their loved one’s death. The goal of a wrongful death claim is to compensate family members for the losses they suffered as a result of the death.
In addition to a wrongful death claim, a survival action may be brought on behalf of the deceased’s estate. A survival action seeks compensation for damages the deceased experienced prior to death, such as pain and suffering or medical expenses.
Who Can File a Wrongful Death Lawsuit?
Under Maryland law, the following individuals are typically eligible to file a wrongful death lawsuit:
- Spouses of the deceased
- Children of the deceased
- Parents of the deceased
If no spouse, child, or parent survives the deceased, other individuals related by blood or marriage may file a claim if they can prove they were substantially dependent on the deceased.
A survival action may be filed by the personal representative of the deceased’s estate to recover damages suffered by the deceased before their death.
What Damages Can Be Recovered?
In a wrongful death lawsuit involving vehicular homicide, surviving family members may be entitled to both economic and non-economic damages.
- Economic damages: funeral and burial expenses, loss of financial support, and loss of expected inheritance
- Non-economic damages: emotional pain and suffering, loss of companionship, loss of love, and loss of emotional support
Understanding Your Legal Rights
Losing a loved one due to vehicular homicide is an overwhelming and tragic experience. Understanding your legal rights can help you make informed decisions during an incredibly difficult time.
If your family member was killed in a vehicle-related incident in Maryland, consulting with an experienced wrongful death attorney can help you navigate the legal process and pursue the compensation you may be entitled to receive.
If you require legal assistance with criminal law matters in Maryland, you may schedule a complimentary initial consultation with the Bauhof Legal team.
Every case is unique, and this website is not intended to provide legal advice. Please feel free to contact us at brad@bauhoflegal.com or call +1 (410) 876 4500.
