Fatal Car Accidents in Maryland: What Claims Can the Family Make?

          When a person dies in an auto accident in Maryland as a result of the negligence of someone else, the deceased's family's auto accident lawyer will usually bring two distinct claims on behalf of the family. The first is an action brought by thepersonal representative of the person who was killed, claiming recovery for the injuries suffered by the victim.  Under Maryland law, this claim is called a survival action. This is pursuant to a Maryland statute that allows compensation to the victim's estate for the pain and suffering and other damages and actual expenses incurred by the victim that were suffered until the victim died. In a survival action in Maryland, damages are evaluated in terms of harm to the decedent.

           The second claim is a wrongful death action, which is also made by Maryland attorneys pursuant to Maryland statute. This claim is brought by the relatives of the victim and seeking compensation for the victim's death in their own name and their own right seeking compensation for the loss of their loved one. In a wrongful death action in Maryland, damages are measured in terms of harm to loved ones as a result of the loss of the victim.  In this case, the surviving relatives do not serve the agent for the decedent and act on their own behalf for their own loss.

           One question families who have lost a loved one in an auto accident often have is what is the maximum recovery they can receive for their loss?  Assuming no problems with insurance or collectability, the damages can be separated into economic and non-economic damages. If there is more than one wrongful death beneficiary, for example in a case where a man has three children, the maximum recovery for an accident that happens today is $1.7 million.  This is because there is a cap on non-economic damages in a survival action in Maryland of $680,000.   (The wrongful death cap with two or more beneficiaries in a non-medical malpractice case is now $1,020,000.)  If there is only one claimant, the maximum recovery for non-economic damages would be $1.36 million ($680,000 for the survival action and $680,000 for the wrongful death action).  

            There is not a cap in Maryland, however, on economic damages. Accordingly, the decedent's estate may be entitled to compensation for the loss of future income or future loss of earning capacity. Projecting the amount of future lost income can be a simple or complicated process depending on the deceased's type of employment. In the example above where the man supports three children, the children would be entitled to recover for the loss of the comforts, education, and position in society which they would have enjoyed if their father/husband had lived and retained her income and they had continued to form part of the family.  Practically, this means they are also entitled to (1) her lost wages from the time of the accident/malpractice and his death and (2) future lost wages.  In many cases, an economist is helpful to make the appropriate calculations. A future lost earnings award is allowed for earnings "reasonably certain" to result from the injury and are awarded by the jury (or judge) in a lump sum. The amount of lost earnings awarded must be based upon present value and not upon speculation about inflation or other unknown factors impacting earning potential. But, obviously, the computation of future lost earnings is not precise and it invariably requires speculation about the decedent's life expectancy and expected work experience.

See also How is My Auto Accident Case Evaluated for Settlement Purposes?
See also Maryland Personal Injury Lawyer Blog