February 2012 Archives

Maryland Car Accident Wrongful Death Damages

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There are two fundamental limitations on how much a plaintiff can recover in a wrongful death car accident case in Maryland.  The first is our pain and suffering cap which is anywhere between $755,000 and $1,887,500 for accidents occurring today (the high includes a survival action, another claim that can be brought when someone is killed by a negligent driver of a car or truck.

The other practical limitation is often the insurance policies.  Generally not a problem with truck accident cases because commercial policies are larger (by law) and because trucking companies usually have assets to pay settlements and judgments.  

But there are some car accident cases in Maryland where there are insufficient insurance from the at-fault driver and also insufficient uninsured or underinsured motorist coverage.  The key in these cases is to uncover every possible stone to find additional insurance coverage.  But that is not always possible.  We have had clients is wrongful death cases whose recoveries are topped out at $30,000.  

The take home message: get high uninsured motorists limits to protect yourself and your family.