A fatal accident can leave a family facing profound grief and significant legal and financial uncertainty. Survivors may need to determine how the death occurred and whether it could have been prevented had another not acted in certain ways negligently or intentionally.
Wrongful death law addresses situations in which a person dies because of another party’s wrongful act, negligence or failure to exercise reasonable care. A wrongful death claim’s purpose is not to impose criminal punishment, but to provide eligible survivors with a legal remedy for the financial and personal losses caused by the death at issue.
When can a death be considered wrongful?
Not every accidental death qualifies as wrongful death. Generally, there must be evidence showing that another party had a legal duty to act reasonably, failed to meet that duty and caused the person’s death as a result. These claims can arise from situations involving:
- Car, truck or motorcycle accidents
- Medical negligence
- Dangerous or defective products
- Unsafe products
- Nursing home neglect
- Certain workplace incidents
Maryland law also controls who may pursue a claim and how a wrongful death action is handled. The state’s wrongful death statute provides the legal framework for these cases.
Can there be a wrongful death case without criminal charges?
Yes. A wrongful death action and a criminal prosecution are two separate legal matters. Criminal cases are brought by the government and focus on whether a person committed a crime. On the other hand, wrongful death claims are civil cases brought to recover compensation for survivors or the estate. Therefore, a person or company may face civil liability even when no criminal charge is filed.
Families trying to understand whether a preventable death has given them grounds to file a legal claim can benefit from speaking with a legal practitioner experienced in handling wrongful death cases. This can help clarify their rights, possible compensation and the deadlines that may apply.