Ch. 318

1997 LAWS OF MARYLAND

CHAPTER 318
(House Bill 770)

AN ACT concerning

Wrongful Death - Damages

FOR the purpose of establishing that a beneficiary may be entitled to noneconomic
damages in a wrongful death action for the death of a child or certain parents of a
child who is not a minor child; revoking certain conditions required to entitle
certain beneficiaries to noneconomic damages in a wrongful death action; altering
the method by which a court is required to allocate noneconomic damages in a
wrongful death action in which there are two or more claimants or beneficiaries if
the jury awards an amount that exceeds the statutory limit; altering the extent to
which a certain person must have been dependent upon the deceased in order to be
entitled to damages in a wrongful death action; establishing certain circumstances
that may be used to show that an unmarried parent of a deceased child is the father
of the child for purposes of recovering damages in a wrongful death action,
specifying a certain time period for determining certain support; providing a tolling
provision for certain persons in a wrongful death action under certain
circumstances; making certain stylistic and technical changes; defining certain
terms; providing for the application of this Act; and generally relating to wrongful
death actions.

BY repealing and reenacting, with amendments,
Article - Courts and Judicial Proceedings
Section 3-904, 5-201, and 11-108
Annotated Code of Maryland
(1995 Replacement Volume and 1996 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Courts and Judicial Proceedings

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] SUBSTANTIALLY dependent upon the deceased.

(c) (1) In an action under this subtitle, damages may be awarded to the
beneficiaries proportioned to the injury resulting from the wrongful death.

(2) SUBJECT TO § 11-108(D)(2) OF THIS ARTICLE, THE amount recovered
shall be divided among the beneficiaries in shares directed by the verdict.

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