If you have lost a loved one in a fatal accident, you may not know what to do next. While bringing a lawsuit is probably the last thing on your mind, it can begin to provide closure and permit compensation for the emotional harm you have suffered. The recent Francis Scott Key Bridge collapse provoked conversations about the liability that could result from the deaths of six construction workers who were on the bridge when it collapsed.
The collapse of the Francis Scott Key Bridge in Baltimore, Maryland led to construction workers’ deaths and untold property damage throughout the area. As CNN reported, eight people were on the bridge when it collapsed after a ship struck the bridge. Two people were rescued, but six construction workers were sadly presumed dead after an extensive search and rescue operation. Before it hit the bridge, the ship’s lights flickered as it veered off course. The crew signaled a “mayday” before crashing, altering authorities to prevent incoming traffic from crossing the bridge. Sadly, they could not prevent harm to the people who were already on the bridge, whose families continue to mourn.
Can the Victims’ Families Sue for Wrongful Death?
The victims’ families may be able to pursue a wrongful death lawsuit, likely against the owner of the ship that ran into the bridge. Maryland law allows a deceased victim’s spouse, parents, and/or children to file a wrongful death action against the party responsible for the victim’s death. To prevail in a wrongful death lawsuit, the person bringing the suit must prove all the elements of negligence the deceased would have to prove if they survived the accident. Specifically, wrongful death plaintiffs must prove the defendant owed the victim a duty of care, breached that duty through their actions or failure to act, caused the accident, and that the victim died as a consequence. Plaintiffs must prove these elements by a preponderance of the evidence, meaning it was at least 51% likely that the defendant’s negligence led to the victim’s death.
What Damages Can You Recover in a Maryland Wrongful Death Accident?
Plaintiffs in a wrongful death action can recover the victim’s lost future earnings if they were dependents of the victim. They can also typically recover for hospital expenses resulting from the accident, as well as funeral and burial expenses. In addition to these economic damages, plaintiffs can recover damages that are harder to quantify. Specifically, they can seek compensation for the emotional and psychological harm resulting from the accident. Additionally, plaintiffs may recover damages for the loss of the victim’s companionship, comfort, and services. Working with a Maryland personal injury attorney can help you make the strongest case for a significant damages award in a wrongful death action.
Do You Need a Maryland Wrongful Death Attorney?
If you have lost a loved one in a Maryland accident, the wrongful death attorneys at the Schupak Law Firm are here to help. Our attorneys understand the emotional and financial stress you and your loved ones may experience after a fatal accident. Through our skilled and experienced representation, we will advocate for you throughout the lawsuit process to help recover the damages you and your family deserve. To schedule a free initial consultation, give us a call at 240-833-3914.