Legal Question in Personal Injury in Maryland

Re: passenger collision death compensation for spouse

Your wife (the passenger) is unlikely to have been at fault in any respect, so a claim could be asserted against both the other driver and your mother (both of whose insurance companies would respond on their behalf). You would have to prove negligence. Your mother is almost certainly at fault; the other driver may also have been negligent if speeding, for example, or if his/her lights were off at night. In addition, if your/your wife's own policy provides for higher limits, there may be underinsured motorist coverage available. You should consult with a lawyer who handles personal injury cases to review the facts and advise you as to the best approach to this case.

Re: passenger collision death compensation for spouse

I am very sorry to read about your tragic loss. You ask very important questions. I would also have some important questions for you, including the date of the accident. The automobile policies would also have to be examined. However, the fact that your wife was a passenger, and not an operator of either vehicle, is very significant. Generally, as a passenger, she would not be considered contributorily liable. That means that under the Wrongful Death statute, you should be able to make some type of recovery from either the other driver's insurer, your mother's insurer or both. Also, if either or both are not adequate to compensate you for your loss you may have the option to make a claim against your own insurance carrier under the under-insured provision. Under the Wrongful Death Act you may recover both economic and non-economic losses, such as your emotional loss. Under the Survivorship Act, generally you may recover your wife's medical and funeral expenses, and her conscious pain and suffering.

The details of handling a claim like this can unfortunately be very complicated. Also, if you are not represented by counsel, it would not be unusual for insurance companies to try to pay you as little as possible. Accordingly, I strongly recommend that you seek counsel to help you with your case.

My firm is one of the largest in suburban maryland and we have many years of experience in helping individuals like you in cases like this. Please do not hesitate to cantact me if you would like to discuss this further.

Best wishes.

Jay P. Holland

Joseph, Greenwald & Laake, P.A.

6404 Ivy Lane

Suite 400

Greenbelt, MD 20770

301-220-2200

[email protected]

DISCLAIMER: The forgoing does not constitute legal advice, and is intended to only be informational. It is recommended that you meet with a lawyer if you choose to obtain specific legal advice related to your claim.

Re: passenger collision death compensation for spouse

You pose a number of questions which I'll be happy to answer, but the fact that you don't know how to proceed with this very serious claim underscores the need for you to immediately retain an experienced personal injury attorney to assist you. These cases are accepted by attorneys on a contingency fee basis, which means that you will not be obligated to pay a fee until a recovery is obtained for you from one or more of the various insurance companies who may be required to respond in payment of your claim. In addition, you will need to open an estate for your wife in order to proceed with a claim if you have not already done so.

From the factual scenario you presented, it appears that your mother is primarily liable for this accident because she drove into an unfavored intersection and failed to yield the right of way to a vehicle which had the right of way. However, that vehicle's operator may also be partly responsible for the accident, and therefore his/her insurance carrier may also be required to participate in a claim settlement. Your own insurance could conceivably come into the picture if the available coverage from the other policies is insufficient to compensate for the loss and you have higher underinsured motorist coverage than the liability coverage available on the other policies.

Given all these possibilities, the sooner you retain an experienced attorney to sort through the facts and issues and begin protecting your rights, the better off you and your family will be. If I can be of further assistance, please contact me.

Robert Sher

301 986-4555

Re: passenger collision death compensation for spouse

Please accept my sympathy for your great and many losses.

It is important that you seek qualified assistance during your time of need.

This is a very important matter and you should not expect the various insurance companies to

assist you or pay out a satisfactory settlement.

Your question indicates that you have been told that your wife is at fault. Unless she was not wearing a seat

belt or otherwise contributed to the collision, your wife, as a passenger, is not at fault. Your mother is almost certainly at fault.

The other driver may or may not be at fault based on the circumstances and facts.

Although it will be emotionally draining and quite difficult, the case as stated would involve legal action against your mother's insurer. Bringing action

against her insurer has ramifications that should be discussed. You likely have recovery against your own policy through an underinsured claim (where your policy limits are higher than your mother's and, if applicable, the other driver's policy) and you may be able to recover against the other

driver's policy (based on whether there was any negligence on the other driver's part). Caution is in order as underinsured claims require a specific process that, if not properly pursued, can result in significantly compromising your ability to recover.

The claims generally will not cancel each other. You will be able to recover to the extent of your damages (which are significant). You will not be able to collect more than once for any specific loss. This is relatively complicated and should be discussed in person.

The facts of your case are very serious and you should contact an attorney to discuss the various issues.

I am experienced with personal injury through automobile collision and my contingency fee cannot be beat by the larger firms. I am available to provide you with quality service at a reasonable fee.

Re: passenger collision death compensation for spouse

Please accept my sympathy for your great and many losses.

It is important that you seek qualified assistance during your time of need.

This is a very important matter and you should not expect the various insurance companies to

assist you or pay out a satisfactory settlement.

Your question indicates that you have been told that your wife is at fault. Unless she was not wearing a seat

belt or otherwise contributed to the collision, your wife, as a passenger, is not at fault. Your mother is almost certainly at fault.

The other driver may or may not be at fault based on the circumstances and facts.

Although it will be emotionally draining and quite difficult, the case as stated would involve legal action against your mother's insurer. Bringing action

against her insurer has ramifications that should be discussed. You likely have recovery against your own policy through an underinsured claim (where your policy limits are higher than your mother's and, if applicable, the other driver's policy) and you may be able to recover against the other

driver's policy (based on whether there was any negligence on the other driver's part). Caution is in order as underinsured claims require a specific process that, if not properly pursued, can result in significantly compromising your ability to recover.

The claims generally will not cancel each other. You will be able to recover to the extent of your damages (which are significant). You will not be able to collect more than once for any specific loss. This is relatively complicated and should be discussed in person.

The facts of your case are very serious and you should contact an attorney to discuss the various issues.

I am experienced with personal injury through automobile collision and my contingency fee cannot be beat by the larger firms. I am available to provide you with quality service at a reasonable fee.

G. Joseph Holthaus (410) 799-9002 (office) and (410) 619-5918 (voicemail)