Many years ago, a jury awarded my partner Laura Zois’ client $4 million in a survival action claim. The sole evidence — the SOLE evidence — presented to the jury was that the decedent said “Oh s—!” before impact which caused his immediate death. Since that case, I have had a very aggressive view when it comes to pushing these claims. Because that case and other cases I have seen and tried show that juries take the most remote fear of grave harm or death as serious as they do any conscious pain and suffering. I think too many plaintiffs’ attorneys in Maryland are too quick to accept the premise that the victim’s estate cannot make a pre-impact fright or conscious pain and suffering claim. This post is about Maryland law in both pre-impact freight and conscious pain and suffering cases and why I think this helps the family’s victim recover great damages in wrongful death and survival action claims in Maryland.
There are a variety of motivations that impact the victim’s decision to settle or go to trial. It is worth underscoring: it is the victim’s decision. It is not a decision for the attorneys or the family. The victim has to choose the path that is best for them. There are certainly some Maryland injury […]