Legal Question in Family Law in Maryland

Hello my 21 year old son was was killed in an automobile accident august 2008 while working on his job,his wife has a pending lawsuit against the company am I able to sue as well?


Asked on 11/03/09, 2:45 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

In these situations, only the estate of the deceased can sue. So I assume your daughter in law opened an estate for this purpose. There are two parties on which suit can be filed. The first is known as a wrongful death action, and it is filed on behalf of any next of kin who are dependent on the deceased. Obviously this would include his wife and any children, but probably not you, assuming you were not dependent on him for financial support. The second is known as a survival action. This is a claim brought by the estate to recover any last expenses of the deceased incurred as a result of the auto accident, such as medical bills, funeral expenses, and any conscious pain and suffering he experienced before he died. If you contributed to any of these expenses, you would have an interest in the suit, but would not be a named party to it.

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Answered on 11/09/09, 9:53 am


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