www.charlesjeromeware.com " Here to make a Difference."
For a free consultation, call the law firm of Charles Jerome Ware, Attorneys & Counselors, at (410) 720-6129. We can help you and your family when a loved one is killed by accident.
For the most part, "tort laws" (civil wrongs) come from case law which is known as "common law."
Lawyers try to figure out what the law is from opinions of judges.
Wrongful death cases are very different. Originally, in "common law" the surviving family members of the deceased victim were not able to sue the one(s) responsible for the wrongful death of the loved one. In essence, in terms of monetary remuneration to the family, it was unfortunately better to kill someone than to injure them.
Fortunately, the State of Maryland finally remedied this problem in 1852 with enactment of its own Wrongful Death Statute [ Maryland Courts and Judicial Proceedings, Annotated, Code Section 3-904 - Action for wrongful death ].
Under Maryland law, a wrongful death claim is a separate cause of action, and is not derivative of a personal injury claim. This statute allows family members of the deceased victims to bring lawsuits for their losses.
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