You can file a survival claim at the same time you file a wrongful death claim.
Annapolis, MD – Truck accidents are the most dangerous types of crashes as they’re more likely to result in serious injury or death. When you lose someone in a truck accident, the shock will be tremendous, but even as you battle through your grief, you need to think about tomorrow and how you’re going to feed your family and pay the bills.
The first thing you must do is reach out to an experienced Annapolis truck accident lawyer to help you determine who is liable for your damages. Truck accidents are more complex than crashes involving regular cars. You may have more than one party liable for damages. To establish that, your lawyers will investigate the cause of the accident, going beyond what’s written in the police report.
How is liability determined in a truck accident?
Even if the police report says that the accident was caused by the fact that the truck drifted into the other lane, your Maryland truck accident attorneys will want to know why. If it was a mechanical failure that led to it, you may have a case against the trucking company as vehicle maintenance is their responsibility. If the trucker was too tired and lost control of the vehicle, your lawyers will check their schedule to see if he complied with federal hours of service regulations. If he did not, you may have a case against the driver and his employer.
Who can sue for wrongful death in Maryland?
According to the law, the spouse, the children or the parents of the deceased can file a wrongful death action. However, if the deceased had no direct heirs, other blood-related relatives, such as siblings may file a lawsuit.
In a wrongful death lawsuit, the family can seek compensatory damages, which are of two types.
Economic damages refer to the funeral and burial expenses, loss of financial support and the cost of the household services the deceased provided.
You can also claim non-economic damages for the suffering the sudden death caused you. You can seek compensation for loss of companionship, loss of love and affection, loss of guidance and protection (for the minor children), etc.
In 2021, the cap on noneconomic damages in a wrongful death case with a single beneficiary (such as a surviving spouse or single child) was $845,000. That amount is increased by $15,000 every year on October 1
What is a survival action?
A survival action is not meant to compensate the family for its losses, but the deceased in case they did not die in the crash and were hospitalized for a certain time. It is more like a personal injury claim, although it is still the heirs that file it.
You can file a survival claim at the same time you file a wrongful death claim. Under the survival actions, you will claim compensation for the pain and suffering of the deceased following the accident, as well as for their outstanding medical expenses.