Aggressive, caring and compassionate legal representation of the severely injured as well as representation for families of wrongful death victims for over 30 years. The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is: "Still working. Still committed. Still here to make a difference."
A prolific best-selling author and speaker, attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
The "Wrongful Death Warehouse" is the one-stop national law firm dedicated to receiving, evaluating, and pursuing successfully wrongful death claims as well as serious injury cases. We are here to make a difference in serious injury and wrongful death matters.
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Wrongful Death (and Survival) Cases in Maryland
In Maryland there are typically 2 separate claims that can be filed when a person dies by medical negligence or other accident: a "survival" action and a "wrongful death" action.
A "survival" case is brought on behalf of the personal representative (PR) of the deceased's estate, claiming recovery for injuries suffered by the victim.
A "wrongful death" case is brought by relatives of the victim and seeks compensation for the deceased victim's death.
In a survival action in Maryland, damages are measured in terms of harm to the actual victim. The personal representative serves as the posthumous agent of the victim.
In a wrongful death action in Maryland, damages are measured in terms of harm to loved ones as a result of the loss of the victim. In this case, the surviving relatives do not serve the agent for the decedent and act on their own behalf for their own loss.
A major difference between a survival statute and a wrongful death statute is that if death is instantaneous, there can be no cause of action except for medical bills and funeral expenses under the Maryland survival statute.
[www.law.cornell.edu/wex/ Wrongful death statute; www.lawfirms.com/resources/personalinjury/wrongfuldeath; www.justice.gov/archive/victimcompensation/wrongfuldeath]
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