How wrongful death lawsuit damages are determined

The process of determining the amount of compensation a victim's loved ones will receive from a Maryland wrongful death claim requires a thorough analysis of various factors. These factors may include the victim's annual salary and projected future earnings, the timeframe of suffering preceding death, the cause of death linked to the defendant's negligence and the victim's past and potential future contribution to his or her family's household income.

After these factors have been carefully evaluated, a jury and an economist's recommendation will be considered before the court makes a final award decision for damages. Although the cause of action of a victim's death may seem evident, wrongful death must still be proven.

The pain and suffering that follows the loss of a loved one killed by negligence can be devastating. Wrongful death could occur if a person dies from medical malpractice, a fatal accident, fatal boat accident, a brain injury, fatal workplace accident, fatal car crash or fatal truck accident.

If a possible wrongful death situation has occurred, a personal injury lawyer may be able to file a lawsuit on behalf of a victim's loved ones. If the claim is approved, the award will be allocated based on Maryland's Wrongful Death and Intestacy Statutes, which specifies that the award be disbursed based upon the succession of the victim's loved ones. If the victim was married, the wrongful death award will be disbursed to the wife or husband followed by the surviving children. If the victim did not have a spouse or children, parents and other relatives may receive compensation.

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