Wrongful death, as we all know, is a separate cause of action that belongs to the family of the injured party. It cannot arise until his or her death. Therefore, plaintiffs suggest, unless the wrongful death action is specifically settled during the settlement process, it remains lurking in the background as a compensable action.
Don’t fall for it.
In a recently published article, we gave our take on whether it is a good idea to pay money to settle “phantom” wrongful death claims when settling personal injury claims. The short answer is “no.”
To read the full article on this topic that recently appeared in Maryland Defense Counsel, Inc. click here.
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