Pursuing a Wrongful Death Claim After a Fatal Car AccidentFebruary 28, 2020
Advances in safety technology have made today’s motor vehicles safer than ever. From blind spot detection and lane departure warnings to emergency brake assist and adaptive cruise control, these are just a few examples of safety features that are available in new cars. Unfortunately, car accidents continue to occur as a result of human error and other factors, such as inclement weather. In some cases, these accidents cause extensive property damage and serious injuries. If someone you love was fatally injured in a car accident, there are some important things you need to know if you intend to file a lawsuit against the driver who caused the accident. A skilled car accident lawyer can walk you through the claims process and explain each of the following issues in detail.
Understanding Insurance Coverage
People often assume that if a family member is killed in a car accident, they will collect a sizeable financial settlement. However, in the state of Maryland, when a car accident results in a fatality, the deceased family is eligible for a maximum of $30,000 only. If one or both vehicles were not insured, that amount could be even less. Fortunately, there are ways to find extra coverage, and a skilled car accident lawyer will be able to secure the maximum financial coverage.
Navigating a Wrongful Death Claim
When a loved one is killed in a car accident, the surviving family will often file a wrongful death claim, which is two types of claims in one. The first is a wrongful death action; as a member of the victim’s family, you are filing a claim for the loss you suffered because your family member is no longer living. The second claim is a survival action, which is brought by the family member who is responsible for handling the deceased’s estate. This allows the surviving family members to be compensated for damages that the victim suffered prior to the moment of death, including pain and suffering.
Maryland Imposes a Cap on Pain and Suffering
Oftentimes, serious car or truck accidents can reach multi-million-dollar settlements. However, Maryland puts a cap on pain and suffering damages in fatal car accidents. The million-dollar settlement usually comes from economic damages, meaning that the surviving family suffered a significant financial loss as a result of the fatality. A skilled car accident lawyer understands this and will push economic damages to secure the maximum compensation.
This is difficult for many surviving family members to understand, but they cannot pursue punitive damages unless they can prove that the other driver intended to harm the deceased, which is highly unlikely. Wrongful death cases can be quite complex. A skilled and dedicated lawyer will protect your rights and negotiate with the insurance company to find the maximum amount of coverage available.
Baltimore Car Accident Lawyers at LeViness, Tolzman & Hamilton Seek Justice for Families of Fatal Car Accident Victims
If you lost a loved one in a tragic car accident, do not hesitate to contact the Baltimore car accident lawyers at LeViness, Tolzman & Hamilton. Our dedicated and compassionate legal team will work closely with you to ensure that you receive the compensation you deserve. We will not stop fighting for you until justice has been served. To schedule a free consultation, call us today at 800-547-4LAW (4529) or contact us online.
Our offices are located in Baltimore, Columbia, Glen Burnie, and Prince George’s County, allowing us to represent victims in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.