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What Your Cerebral Palsy Case May Be Worth

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What Your Cerebral Palsy Case May Be Worth

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https://www.tompyleslaw.com/what-your-cerebral-palsy-case-may-be-worth/

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The Law Offices of Thomas E. Pyles, P.A.

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What Your Cerebral Palsy Case May Be Worth | The Law Offices of Thomas E. Pyles, P.A.

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If your child has been diagnosed with cerebral palsy, you could be facing a lifetime of care and significant medical expenses. Laurel cerebral palsy attorney Thomas E. Pyles explains why you may need to pursue a claim.

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Cerebral Palsy: A Variety of Causes, Effects and Treatments

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Cerebral palsy happens due to brain damage or development disruptions. Learn more about this condition and how it’s treated.

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The Law Offices of Thomas E. Pyles, P.A.

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Waldorf Wrongful Death Attorney | Seek Justice Now

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Thomas E. Pyles, P.A. can provide you with a top wrongful death lawyer in Maryland who helps with closure during a difficult time.

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12080 Old Line Center

Waldorf, MD 20602

Phone: 301-705-5006

Website: https://www.tompyleslaw.com/office-locations/waldorf-law-office/

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A look at wrongful death claims in Maryland, including who can file the lawsuit, types of available damages, and more.

When a person dies as a result of another party's accidental or intentional action, the deceased person's family could be eligible to file a wrongful death lawsuit. Maryland, like every other state, has a set of laws that apply to wrongful death claims. We'll look at several key parts of these laws, including who can file a wrongful death claim in Maryland, what types of damages might be available, and the time limit on filing this type of lawsuit in the state's civil courts.

What Is "Wrongful Death" in Maryland?

Under Maryland law, a "wrongful death" is a death that is caused by "an act, neglect, or default including a felonious act which would have entitled the party injured to maintain an action and recover damages if death had not ensued." ( Md. Code, Cts. & Jud. Proc. § 3-901 (2021).) In other words, a wrongful death claim can be thought of as a personal injury claim in which the injured person is no longer capable of bringing his or her own claim to court. Instead, the family members of the deceased person must file a wrongful death claim in order to hold the defendant accountable and get compensation for their losses.

As with a personal injury claim, many types of events can be the basis of a wrongful death lawsuit, including:

Also as in other types of personal injury lawsuits, the defendant's liability in a successful wrongful death case is expressed solely in terms of financial compensation ("damages") that the court orders the defendant to pay to the deceased person's survivors or estate. This is one major difference between a wrongful death lawsuit and a criminal homicide case, where a conviction can result in jail or prison time, fines paid to the state, probation, and other penalties.

There are other differences between a criminal prosecution for homicide and a wrongful death civil lawsuit. For instance, in a criminal case, the accused's guilt must be established "beyond a reasonable doubt," which is a very high bar for the prosecution to clear. In a civil lawsuit, the defendant's must be shown only "by a preponderance of the evidence," meaning it's more likely than not that the defendant is responsible for the death. It is possible, though, for a single act to result in criminal charges and a wrongful death claim: A defendant can be sued for wrongful death in civil court while facing criminal charges related to the same death.

Learn more about proving liability in a wrongful death case.

Who Can File a Maryland Wrongful Death Lawsuit?

In Maryland, the deceased person's spouse, parents, and/or children are permitted to file a wrongful death lawsuit. If no one in any of those groups survives the decedent, any person related to the deceased by blood or marriage and who was substantially dependent on the deceased may file the wrongful death claim.

Read more about who has the legal right to file a wrongful death lawsuit.

What Types of Damages Are Possible in a Maryland Wrongful Death Case?

In a successful wrongful death case, ""-or the plaintiff's claimed losses-are awarded to the deceased person's survivors to compensate them for injuries suffered in connection with the death. In Maryland, damages in a wrongful death case can include compensation for the following categories of losses:

financial contributions the deceased would have made to survivors

mental anguish, emotional pain and suffering,

loss of society, companionship, comfort, and protection

loss of marital care, parental care, or filial care, and

loss of attention, advice, counsel, training, guidance, or education.

The court may award damages to beneficiaries in proportion to the loss each person suffered as a result of the death. (Learn more about damages that might be available in a wrongful death case.)

Some states, including Maryland, have limited (or "capped") noneconomic damages in wrongful death lawsuits. Noneconomic damages are those that cannot be measured in terms of bills or receipts, such as damages for mental anguish and loss of companionship. In 2021, Maryland's cap on noneconomic damages in a wrongful death case with a single beneficiary (such as a surviving spouse or single child) is $845,000. That amount is increased by $15,000 every year on October 1. In wrongful death cases with multiple beneficiaries, the cap is 150% of the cap for single beneficiaries. ( Md. Code Ann., Cts. & Jud. Proc. § 11-108 (2021).)

Note that different caps apply if the death was a result of medical malpractice.

How Long Do I Have to File a Wrongful Death Claim in Maryland?

Like other types of lawsuits, wrongful death claims must be filed within a certain period of time, set by a law called a "statute of limitations." In Maryland, the statute of limitations for most wrongful death lawsuits is three years from the date of the person's death.

There is an exception to that rule if the person died from an "occupational disease," which is defined as a "disease caused by exposure to any toxic substance in the person's workplace and contracted by a person in the course of the person's employment." In that case, the lawsuit must be filed within:

ten years of the date of the death, or

three years of the date that occupational disease was identified as the cause of the person's death, whichever is sooner.

( Md. Code, Cts. & Jud. Proc. § 3-904 (2021).)

Wrongful death cases can be complicated-and the law can change at any time. If you're thinking of filing a wrongful death lawsuit in Maryland, consider consulting a personal injury attorney. An experienced lawyer can explain how the law might apply to your specific situation.

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A look at wrongful death claims in Maryland, including who can file the lawsuit, types of available damages, and more.

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Lost a Loved One in an Accident? You May Have a Wrongful Death Claim

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Lost a Loved One in an Accident? You May Have a Wrongful Death Claim

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The Law Offices of Thomas E. Pyles, P.A.

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Lost a Loved One in an Accident? Explore a Wrongful Death Claim

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The Key Bridge tragedy highlights the challenges after losing a loved one. Get a free consultation to discuss a wrongful death claim.

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What is elder abuse? | Law Offices of Thomas E. Pyles

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Nursing Home Care and Resident Rights | The Maryland People’s Law Library

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Nursing homes are facilities that are licensed to care for residents who need rehabilitation, health-related services above the level of room and board, or skilled nursing services. You have many special rights as a nursing home resident under both Maryland and federal law.

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Is Nursing Home Abuse Considered Medical Malpractice in Maryland?

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Is Nursing Home Abuse Considered Medical Malpractice in Maryland?

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The Law Offices of Thomas E. Pyles, P.A.

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Is Nursing Home Abuse Medical Malpractice in Maryland? - The Law Offices of Thomas E. Pyles, P.A.

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Has your loved one been subjected to nursing home abuse? Find out if that abuse can be deemed medical malpractice. Read on to find out now.

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Dog attack prompts Centerville mayor, council to revisit pet ownership ordinance

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Dog attack prompts Centerville mayor, council to revisit pet ownership ordinance

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CENTERVILLE, Ga. - A recent dog attack sent Centerville leaders back to the drawing board on their pet ordinanc e -- here's what they came back with:

If you're out with your dog in Centerville, you better have it on a leash.

"She's very hyperactive, she wants to chew everything and give you lots of kisses like puppies do," Trenise Tillman said.

But even the sweetest of puppy kisses don't distract Tillman from leashing her 11-week-old Cocker Spaniel puppy Harley.

"I'm not worried about her attacking, I'm mostly worried about her getting attacked by another dog, so if I have her on a leash and I see another dog coming up to her, it's a little bit easier to grab her," she said.

Tillman says she uses a leash in public places and believes owners are responsible for any incidents.

"I think dog owners should be held accountable, if my dog, even if she's a little dog, if she attacks someone, I am her owner," Tillman said.

The Georgia legislature passed a Responsible Dog Owner Act in 2012. It revamped existing laws and was designed to protect the public from injury or death from dog attacks and to hold dog owners accountable.

"A couple of weeks ago, we had an incident where a dog left the carport area from its owner, was barking at a citizen walking by, and actually engaged into biting the citizen and pushing the citizen down," Centerville Chief Cedric Duncan.

Chief Duncan says that's when they gave the city ordinance a second look. They found their ordinance wasn't up to par with state law. Now, dogs must be leashed in public and must be properly enclosed at home.

"With the city attorney looked at the verbiage of the ordinance in comparison to the state law, we had to amend our ordinance to mirror the state law," Duncan said.

Dog owners can be fined or cited.

"When a dog is out, put it on a leash and then keep the dog with you -- plain and simple-- and we wouldn't have this problem, "he continued.

For dog owners, it may be helpful to always keep a leash in your car, and for those without dogs, don't assume it's safe to walk up and pet an animal. That ordinance was passed at the April 3 city council meeting.

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Dog attack prompts Centerville mayor, council to revisit pet ownership ordinance

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For dog owners, it may be helpful to always keep a leash in your car, and for those without dogs, don't assume it's safe to walk up and pet an animal.

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Dog Bites: A Guide to Understanding Your Legal Rights and Options

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Dog Bites: A Guide to Understanding Your Legal Rights and Options

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The Law Offices of Thomas E. Pyles, P.A.

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Dog Bites: A Guide to Understanding Your Legal Rights and Options - The Law Offices of Thomas E. Pyles, P.A.

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A dog bite incident can be a traumatic experience, often leaving victims with physical injuries, emotional distress, and potential medical bills. Maryland's dog bite laws include specific rights and legal options for victims seeking compensation. This guide provides an overview of the steps after a dog bite, Maryland's legal framework [...]

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Cerebral Palsy: What It Is, Causes, Symptoms & Treatment

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Cerebral Palsy: What It Is, Causes, Symptoms & Treatment

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Cerebral Palsy: A Variety of Causes, Effects and Treatments

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Cerebral palsy happens due to brain damage or development disruptions. Learn more about this condition and how it’s treated.

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Cerebral Palsy: Legal Options for Maryland Families

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Cerebral Palsy: Legal Options for Maryland Families

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The Law Offices of Thomas E. Pyles, P.A.

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Cerebral Palsy: Legal Options for Maryland Families - The Law Offices of Thomas E. Pyles, P.A.

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This article explains the legal options for families affected by cerebral palsy and answers questions about medical malpractice.

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General Assembly Targets Nursing Home Inspection Backlog

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General Assembly Targets Nursing Home Inspection Backlog

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Nursing homes provide critical care to some of Maryland's most vulnerable residents, making it essential that they adhere to strict health and safety regulations.
According to a Maryland Matters article, as of the end of March, nearly 60% of the state's 220 nursing homes had received an inspection within the past 16 months-the federal benchmark for timely oversight. That's a marked improvement from last June, when only 21% met that threshold.

But the reality remains troubling as some facilities have gone more than four years without a comprehensive review, leaving vulnerable residents potentially exposed to unsafe or substandard living conditions.

In the 2025 legislative session, the Maryland General Assembly passed SB 376, which aims to increase transparency and keep the pressure on state regulators. Sponsored by Senator Ben Kramer (D-Montgomery), the bill requires the Maryland Department of Health (MDH) to submit quarterly reports to lawmakers on the status of inspections and mandates semiannual updates to counties detailing local inspection progress.

From the article:

"These are the most vulnerable people in our population," said Senator Kramer (D-Montgomery). "And nobody is putting eyes on the nursing home to ensure that these seniors are being properly cared for."

The bill, now awaiting the Governor's signature, originally included language that would have allowed counties to partner with MDH to conduct inspections-a model based on a previous agreement with Montgomery County. Empowering local governments could accelerate the state's progress by easing the workload on state inspectors.

MACo submitted written testimony in support of the bill. Allowing local governments to assist with inspections and investigations ensures that no facility goes unchecked simply due to limited State resources. Counties believe that, given ongoing workforce challenges, allowing local agencies to complement State efforts when they feel they are capable is a wise strategy for protecting all Marylanders. However, that provision was ultimately removed after pushback from MDH citing cost and coordination concerns.
Click here to view MACo's testimony. Read the full article.

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General Assembly Targets Nursing Home Inspection Backlog

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Nursing homes provide critical care to some of Maryland's most vulnerable residents, making it essential that they adhere to strict health and safety

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Choosing a Nursing Home: A Guide for Maryland Families

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Choosing a Nursing Home: A Guide for Maryland Families

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The Law Offices of Thomas E. Pyles, P.A.

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Choosing a Nursing Home: A Guide for Maryland Families - The Law Offices of Thomas E. Pyles, P.A.

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A guide to choosing a Maryland nursing home for families, including questions to ask and things to look for when touring a nursing facility.

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How to Identify and Prevent Resident Elopement in Nursing Homes

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How to Identify and Prevent Resident Elopement in Nursing Homes

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How to Identify and Prevent Resident Elopement in Nursing Homes | Nursing Home Pro

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Elopement, when residents wander away unnoticed puts vulnerable seniors at extreme risk. Learn how families and facilities can work together to prevent these dangerous incidents.

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Can Nursing Homes Be Liable for Wandering or Elopement Injuries?

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Can Nursing Homes Be Liable for Wandering or Elopement Injuries?

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The Law Offices of Thomas E. Pyles, P.A.

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Are Nursing Homes Liable for Wandering or Elopement Injuries?

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This article helps Maryland families understand wandering and elopement and when a nursing home might be responsible for injuries.