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Session Laws, 1997
Volume 795, Page 2341   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 318

(d) [For the death of a spouse, minor child, or parent .of a minor child, the] 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 FOR THE DEATH OF:

(1) A SPOUSE;

(2) A MINOR CHILD;

(3) A PARENT OF A MINOR CHILD; OR

(4) AN UNMARRIED CHILD WHO IS NOT A MINOR CHILD IF:

(I) THE CHILD IS 21 YEARS OLD OR YOUNGER; OR

(II) A PARENT CONTRIBUTED 50 PERCENT OR MORE OF THE
CHILD'S SUPPORT WITHIN THE 12-MONTH PERIOD IMMEDIATELY BEFORE THE DATE
OF DEATH OF THE CHILD.

(e) For the death of [an unmarried] A child, who is not [a minor child]
DESCRIBED UNDER SUBSECTION (D) OF THIS SECTION, OR A PARENT OF A CHILD,
WHO IS NOT A 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, care, attention, advice, counsel, training, EDUCATION, or guidance where
applicable [if:

(1) The child is 21 years old or younger; or

(2) A parent contributed 50 percent or more of the child's support].

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

(g) (1) Except as provided in paragraph (2) of this subsection, an action under
this subtitle shall be filed within three years after the death of the injured person.

(2) (i) In this paragraph "occupational disease" means 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.

(ii) If an occupational disease was a cause of a person's death, an
action shall be filed:

1. Within 10 years of the time of death; or

2. Within 3 years of the date when the cause of death was
discovered, whichever is the shorter.

(h) 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 the
mother. The person is considered to be the child of the father only if the father:

- 2341 -

 

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Session Laws, 1997
Volume 795, Page 2341   View pdf image
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