At Sussman & Simcox, we know that the trauma of losing a close family member is only compounded when the death is caused by negligence or wrongdoing. We’re here to ensure that you don’t allow feelings of powerlessness, depression, or anger prevent you from taking steps to protect your rights to compensation and hold the at-fault party accountable for their actions.
Our Montgomery County law firm handles wrongful death claims on behalf of families in Rockville, Germantown, Gaithersburg, and the Baltimore-D.C. corridor, as well as throughout the surrounding areas of Maryland. Our practice includes fatal injuries suffered in all types of accidents such as car accidents, truck accidents, plane crashes, boating accidents, property accidents, and medical malpractice.
Wrongful Death Claims and Survival Actions
While many people are familiar with the term wrongful death, there are often two distinct claims that need to be filed in connection with such cases.
The first is the wrongful death claim, which is brought by family members seeking compensation for damages, including a loss of consortium, loss of support, and loss of expected financial contributions the deceased would have made to the family had they lived. Wrongful death claims should be handled by the experienced attorneys at Sussman & Simcox. Maryland statutes detail who may legally recover for the loss of a loved one.
The second type of claim that needs to be filed in connection with a wrongful death is known as a survival action. A survival claim is generally brought on behalf of the decedent’s estate by the estate’s executor or personal representative. Compensation in these cases is for the pain, suffering, and medical and funeral expenses suffered by the victim themselves. Pain and suffering may not be allowed in cases where it is judged the victim died instantaneously. A survival action claim is so named because it permits a personal injury lawsuit to survive the death of the victim. They are prosecuted the same way as a personal injury lawsuit, requiring the skilled and experienced attorneys at Sussman & Simcox by your side.
Bringing a Wrongful Death Claim
Wrongful death claims are often brought by a representative of the recognized class of family members or by the group of those members who suffer from their loved one’s death. Immediate family members like children and spouses are eligible to sue for wrongful death. In some cases, even distant family members may have a claim under the law. In addition, parents of a deceased fetus may sue in certain circumstances.
Types of Available Compensation
The value of each wrongful death claim will vary, but Sussman & Simcox has helped Maryland families obtain millions of dollars during our years in practice. The value of your wrongful death claim depends on many factors, including:
- The decedent's age
- The strength of your relationship with the decedent
- The decedent’s expected earning capacity
- The medical bills incurred
How an Attorney Can Help
Wrongful death lawsuits can be complicated. Attempting to handle this type of legal action by yourself would certainly not be recommended. You need time to grieve the loss of your loved one and determine how to move forward with your life. While you focus on healing, we can focus on protecting your legal rights and holding the at-fault party accountable.
Hiring an attorney will simplify the process and ensure that every step is completed properly with appropriate evidence supporting your case. Even if you think you can make a case on your own, the guidance of legal counsel can only advance your efforts. The experienced wrongful death attorneys at Sussman & Simcox serve families in Montgomery County, MD, including Rockville, Gaithersburg, and Germantown.
Has Your Loved On Died Due To The Negligence Of Others?
If you've lost a loved one due to the negligence of others you need to speak with an experienced wrongful death attorney as soon as possible. Please contact us online or call our Gaithersburg office directly at 301.840.0404 to schedule your free consultation.