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Session Laws, 1974
Volume 713, Page 1780   View pdf image
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1780                                          LAWS OF MARYLAND                        [Ch. 494

3-904.

(a) An action under this subtitle shall be for the
benefit of the wife, husband, parent, and child of the
deceased person.

(b) If there are no persons who qualify under
subsection (a), an action shall be for the benefit of any
person related to the deceased person by blood or
marriage who was wholly dependent upon the deceased.

(c) In an action under this subtitle, damages may
be awarded to the beneficiaries proportioned to the
injury resulting from the wrongful death. The amount
recovered shall be divided among the beneficiaries in
shares directed by the verdict.

(d) For the death of a spouse or minor child, the
damages awarded under subsection (c) are not limited or
restricted by the "pecuniary loss" or "pecuniary benefit"
rule but may include damages for mental anguish,
emotional pain and suffering, loss of society,
companionship, comfort, protection, marital care,
parental care, filial care, attention, advice, counsel,
training, guidance, or education where applicable.

(e) Only one action under this subtitle lies in
respect to the death of a person.

(f) An action under this subtitle shall be filed
within three years after the death of the injured person.

(G) FOR THE PURPOSES OF THIS SECTION, A PERSON
BORN TO PARENTS WHO HAVE NOT PARTICIPATED IN A MARRIAGE
CEREMONY WITH EACH OTHER IS CONSIDERED TO BE THE CHILD OF
HIS MOTHER. HE IS CONSIDERED TO BE THE CHILD OF HIS
FATHER ONLY IF HIS FATHER (1) HAS BEEN JUDICIALLY
DETERMINED TO BE THE FATHER IN A PROCEEDING BROUGHT UNDER
SECTION 66E OF ARTICLE 16, OR (2) PRIOR TO THE DEATH OF
THE CHILD, (A) has acknowledged himself in writing, to be
the father, or [[(3)]] (B) has openly and notoriously
recognized the person to be his child, or [[(4)]] (C) has
subsequently married the mother and has acknowledged
himself, orally or in writing, to be the father.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1974[[.]] , and shall apply to

 

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Session Laws, 1974
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