By Erin O’Neill

The unexpected death of a loved one is one of the most painful experiences a family can endure. When the death happens because of someone else’s wrongful actions, the grief can feel overwhelming. On top of mourning, families often face funeral logistics, unexpected expenses, and the stress of navigating the complexities of the legal system. During such a difficult time, having a trusted Maryland lawyer by your side can make a world of difference. The right attorney can guide you through the legal process, advocate on your behalf, and help secure the compensation you deserve for your loss.

The attorneys at Brown, Goldstein & Levy have vast experience standing beside families facing the unimaginable. BGL recently settled a case involving a tragic collision caused by driving misconduct that killed our client’s spouse while he performed utility work. Our client pursued justice not only for her own devastating loss, but also for the suffering her husband endured before his death. While no settlement can erase the pain of losing a loved one, it can provide vital financial support as well as recognition of the emotional harm caused.

Key Things to Know About Wrongful Death Claims

If you are considering bringing a civil lawsuit after the wrongful death of a loved one, there are some important points to understand. First, timing matters. In Maryland, you generally have three years from the date of death to file a lawsuit. Investigating and building a strong case takes time, so you should contact an attorney as soon as possible.

Second, there are two different (but related) types of legal claims available when a person dies due to the misconduct of another. The first type, a wrongful death action, compensates a victim’s surviving family for their own loss related to their loved one’s death. Under Maryland’s wrongful death statute, the deceased’s spouse, parent, and/or child may pursue a lawsuit to hold accountable the person who caused the death. If no spouse, parent, and/or child exists, other extended family members may pursue a wrongful death lawsuit if they can prove that they relied on the deceased financially.

In BGL’s recent case, our client was the deceased’s wife, who depended on her husband’s income and was therefore permitted to seek a wrongful death claim against the driver whose misconduct killed him. She sought damages for the financial harm she suffered when her husband died, including the loss of his income. She also sought damages for the extreme emotional cost of losing her husband, such as mental anguish, emotional pain and suffering, and the loss of his companionship and care. In cases involving dependent children, plaintiffs may also seek loss of parental care.

The second type of claim, a survival action, compensates the person who died for the harm they suffered. Because the deceased is not alive to pursue the claim themself, the personal representative of the deceased’s estate may pursue a survival action on their behalf, and any recovery goes to the estate’s beneficiaries. In BGL’s case, our client was the personal representative of her deceased husband’s estate, so she brought a wrongful death claim on her own behalf and a survival action on behalf of his estate.

The damages available in a survival action are the ones the deceased could have pursued in a personal injury lawsuit if they had survived, such as:

• Funeral expenses
• Medical costs incurred between the time of injury and death
• Lost wages
• Pain and suffering

For example, in the case BGL recently settled, our client sought damages for the conscious pain and suffering her spouse endured between the time he was injured due to the defendant driver’s misconduct and his ultimate death, his own loss of income, and his medical expenses.

Together, wrongful death and survival actions can maximize recovery and ensure that families can seek justice for their own suffering and the suffering of their deceased loved one.

Moving Forward After Loss

The attorneys at Brown, Goldstein & Levy have significant experience with wrongful death cases as part of BGL’s Maryland-based personal injury/wrongful death practice. Through our work, BGL guides family members through every step of the legal progress with compassion and expertise. If you have experienced the loss of a loved one due to the wrongful conduct of another, consider contacting us to discuss your situation and options.