A wrongful death claim is a claim brought after a person’s death that was caused by a defendant’s wrongful act. Under Maryland’s Wrongful Death Act, a family member may be able to recover financial compensation due to their family member’s untimely death. A wrongful death claim is meant to compensate grieving family members, allowing them to recover for acts that would have entitled the decedent to recover compensation if they had survived.
A Maryland wrongful death claim is generally filed by a primary beneficiary. Spouses, parents, and children are considered “primary” plaintiffs under the Act. In a case where the decedent has no spouse, parent, or child, a wrongful death claim may be filed by another person who was substantially dependent upon the decedent and was related to the deceased person by blood or by marriage. These plaintiffs are considered secondary beneficiaries, which is why they can only recover if no primary beneficiary exists. Only one wrongful death claim can be filed based on the death of one decedent. Normally, the wrongful death claim must be filed within three years of the death of the decedent.
In a wrongful death case, a defendant can, and often will, argue that the decedent is partially at fault for their death. Because Maryland follows the doctrine of contributory negligence, a plaintiff may be barred from recovering altogether in a wrongful death case if the decedent is found to have been partially responsible for their death.
Reporter Dies After Rental Scooter Accident
A reporter was killed in a recent crash on a rented scooter in New York City. According to a news source, the reporter was a passenger on a scooter that had been rented from a moped-sharing company called Revel. Reports state that the driver swerved and both the driver and the reporter fell off. The driver had minor injuries but the reporter was pronounced dead at a local hospital. Authorities are still investigating the accident. The company stated that it was the first fatality on a Revel scooter. But as the scooters have become more popular, there have been reports of riders violating the company’s safety rules, which including a requirement that riders wear helmets and that they refrain from riding on the sidewalk or in bike lanes. While there may not have been any prior fatalities reported by the company, others have been injured, including another rider on a Revel scooter that suffered a head injury in New York City on the same day.
Call a Maryland Accident Lawyer
If you have recently lost a loved one in a Maryland motorcycle accident, contact an accident lawyer at Lebowitz & Mzhen, LLC, to evaluate your claim. Dealing with the death of a family member can be overwhelming. The injury lawyers Lebowitz & Mzhen can effectively handle your case so you can focus on overcoming your losses. We are proud advocates for accident victims and we will fight to hold the parties responsible for the death of your loved one. To talk to a lawyer about your claim, set up a free consultation by calling 1-800-654-1949 or contact us through our online form.