Wrongful Death

No amount of money will ever compensate a family for the loss of a loved one. Victims who have lost their spouse, sibling, or a child due to the negligence of others do not file wrongful death lawsuits to receive monetary compensation. These lawsuits are filed because families want to make sure that no one else has to go through the pain and suffering of losing a loved one, like they have. Most importantly, these families want to make sure that no one else needlessly loses their life when it may have so easily been avoided. The reality is that the only way to prevent these kinds of unnecessary deaths from happening again is to confront the people responsible.

There are also situations where the loss of a life can leave a spouse or child struggling financially. There is no reason for families to bear this added stress when they are already coping with the loss of the person. In these circumstances, monetary compensation does nothing to “fix” what happened, but it can allow families the opportunity to grieve in peace without the added stress of paying the bills. This situation often occurs when the family was relying on the person who died to provide a substantial portion of the financial support.

The wrongful death attorneys at Smith, Gildea & Schmidt, LLC fight hard to make sure that the people responsible are confronted with what they have done.

Wrongful death lawsuits can generally be filed by spouses, parents, or children of the persons who passed away. These categories are considered “primary beneficiaries” under the law. In situations where primary beneficiaries are not present, there is another category for “secondary beneficiaries” who are related by blood or marriage and substantially dependent on the person who passed away.

Another closely-related type of claim to wrongful death actions is called survival actions. When a loved one dies as a result of someone else’s negligence, the family’s claims are considered part of the wrongful death action. In contrast, a survival action is for claims brought on behalf of the person who passed away for injuries that occurred after the negligence took place, but before the death. These types of injuries can include pain and suffering, medical bills, and funeral costs.

The same lawsuit will allege claims on behalf of the family for wrongful death actions and survival actions, as appropriate.

Smith, Gildea & Schmidt, LLC represents clients in wrongful death and survival actions on a contingency basis, meaning there is no legal fee if nothing is recovered. Members of the firm are well-respected and active within the legal community, with memberships in the Maryland Association for Justice, Maryland State Bar Association, and the Baltimore County Bar Association.