Seven Things You Need to Know About Fatal Accident Cases in Maryland

Losing someone you love in a car crash is one of the most painful experiences imaginable. When that death was caused by another driver’s mistake, the grief is often compounded by anger, confusion, and the pressure of trying to figure out what to do next. You may be hearing new terms like wrongful death claim or car accident death insurance payout, all while still reeling from the loss.

We have helped many families in Maryland after a fatal car accident, and we understand just how overwhelming this process can be. Our job is to simplify it and fight to get you the compensation the law allows—whether that comes from the at-fault driver’s policy, your loved one’s own coverage, or somewhere less obvious.

This guide explains the seven most important things to know if you are trying to maximize the insurance payout for a fatal accident in Maryland. It covers the reality of insurance limits, the types of claims you may have, how compensation for death in a car accident is calculated, and what steps you need to take to protect your rights.

If you are reading this, you are probably carrying more than anyone should have to. We can help you figure out what comes next.

#1: The Biggest Issue Is Often Insurance

In the majority of fatality lawsuits, the biggest limitation is insurance coverage. The cold reality is that there are fatal car accidents in Maryland where the victim’s family’s only compensation for the loss is $30,000 (or even less if there was no insurance on either vehicle). Because $30,000 is our state’s minimum.

This possibility stuns people. They read about all of these million-dollar verdicts and they know they have this unbelievable pain and hurt – both emotional and economic hardship when the victim was also the breadwinner – and they know that their pain and loss equals anyone. But if the defendant has no personal assets that can be viably attached – which is usually the situation – you are limited to the insurance coverage.

That’s the bad news. The good news is that Maryland law bends backward to find insurance.  We talk about more in #6 below. Our fatal car accident lawyers usually have a laundry list of options to find extra coverage, often in a place that is wildly counterintuitive to someone not familiar with Maryland insurance law. (One of our lawyers is also an insurance law professor – we know where to look for coverage. We once found insurance coverage in a German auto insurance policy. No kidding.) So the mere fact that the driver has little or no insurance is just the starting point in our search for a deep pocket to provide compensation for the loss.

#2: Wrongful Death Claims Are Two Claims

If you have lost a loved one in a negligent killing, a suit against the defendant will have two different types of claims. The first is a wrongful death action. Essentially, you are bringing a claim as a member of the victim’s family for the loss that you have suffered because the person who was killed is no longer in your life. The second is a survival action that is brought by the personal representative of the victim (i.e. the person in charge – usually a family member – of handling the victim’s estate.). This claim allows for compensation to the victim’s estate for the pain and suffering and other damages incurred by the victim that were suffered up to the moment of death.

#3 Maryland Law Makes Fair Pain and Suffering Damages Impossible

There is no question that there are car and truck accident wrongful death cases where the settlements and verdicts will exceed $1 million. Our firm has gotten many insurance payouts for our grieving clients. But Maryland law imposes a cap on pain and suffering damages in fatal wreck cases. The law is complicated but we have put together a chart to give you some idea of what the maximum pain and suffering damages can be in Maryland.

So you read about these verdicts for millions of dollars in the papers. What they don’t tell you is that many of these verdicts are not collectible unless the damages are economic damages. This means that the surviving family suffered a financial loss as the result of the death. Our law firm pushes economic damages to the limits to get every last penny, even claiming things like loss of household services. But the cap is real and does have an impact on the maximum insurance payout survivors can receive.

One question surviving victims ask is how do insurance companies put a value on life in a death case… the grief, the pain, the heartache… thing that if you have never experienced it you really can’t understand. The answer is they don’t — they just pay as little as they have to pay. This is why so many of our fatal crash cases do not settle until just before trial: they want to keep every penny they can (and hold on to those pennies as long as they can).

#4: There Are No Punitive Damages in Maryland Negligent Accident Cases

It is hard to imagine a situation more ripe for punitive damages than when a drunk driver comes across the center line and kills someone you love. Maryland has about 200 deaths a year that happen just like this. But you cannot get punitive damages in a road accident case unless there is the intent to harm, which rarely happens.

#5: You Need a Lawyer in Almost Every Wrongful Death Case

Maryland wrongful death law is complicated in wrongful death accident cases. You need a lawyer to sort through your claims and find whatever insurance coverage is out there that might apply to the case.

Our law firm sometimes turns down wrongful death cases, not because the claims are not viable, but because the insurance policy is so small our fatal accident attorneys really cannot do our job which is to help the family maximize the insurance payout so they put more money in their pockets with us then if they never hired us. If we can’t help you, we will tell you that. But you need to get the best wrongful death lawyer to make sure you understand what your rights are, what options you may have, and how you get the highest insurance payout possible for the death of your loved one in a car accident.

#6: Do Not Assume You Know All the Insurance That Exists

One of the biggest mistakes we see families make after a fatal car crash is assuming that they already know the limits of the insurance coverage available. Maybe someone tells them the at-fault driver had a $30,000 policy. Or they call the other driver’s insurer and get a number that sounds final. It almost never is.

We have had fatal accident cases where families thought there was no recovery possible because the at-fault driver had minimum coverage and no assets. But we were still able to recover six- and seven-figure settlements. How? Because Maryland insurance law is full of hidden opportunities to find additional coverage that most people—and honestly, most lawyers—would never think to look for.

There may be multiple vehicles insured under a household policy, umbrella policies, employer liability coverage, rental car coverage, commercial vehicle stacking, or even uninsured motorist benefits from the victim’s own policy. In one case, we found a second layer of coverage under a policy in another country. We are not exaggerating when we say that finding the money is half the battle—and it is a battle we know how to fight.

The bottom line is this: Never assume the insurance situation is simple. It almost never is. That is why getting a fatal accident lawyer involved early matters so much. The sooner we can dig into the insurance coverage, the more likely we are to uncover a recovery that truly reflects the value of the loss your family has suffered.

#7: Not All Fatal Accident Claims Are Equal—And Insurance Companies Know That

If you are pursuing a fatal car accident claim in Maryland, you want to understand how insurance companies really evaluate these cases. The truth is, car accident death compensation is not based on what your loved one meant to you. It is based on what insurers can get away with paying. That is the sad reality our lawyers deal with in these lawsuits.

Insurance companies treat a car accident death insurance payout the same way they handle fender-benders. They calculate risk, liability, and exposure and offer a payout. That is why families need to think strategically from day one. If you are not thinking like a lawyer, the insurance adjuster already has the upper hand. They are not going to tell you if additional coverage exists. They will not offer the full death payout for car insurance unless they think you know how to fight for it.

Maryland has unique laws that affect accident lawsuits and car accident claims. Your family may be entitled to compensation through a wrongful death action and a survival claim, but getting the maximum auto insurance payout for death requires more than just filling out a few forms. You need a team that knows how to build a claim that forces the insurance company to take your loss seriously.

We understand how overwhelming it can be after a deadly car accident in Maryland, especially when the insurance company starts calling. But do not rush into a lowball offer or assume your only option is the at-fault driver’s minimum coverage. Our wrongful death lawyers have handled fatal accident cases across the state and know how to uncover additional policies and fight for the full compensation for death in a car accident—not just what the insurer wants to pay, but what the law allows and your family deserves.

Whether you are still figuring out what a fatal accident claim might involve or you are already deep into the process, do not go it alone. There is too much at stake in these fatal accident claims, and your time to act is limited.

Call us at 800-553-8082 or you can get a free case evaluation online.

More Information to Better Understand Maryland Fatal Car Accident Claims

• Overview of fatal road accident law in Maryland
• Getting an idea of settlement payouts for fatal car accident cases