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Session Laws, 1999
Volume 796, Page 3765   View pdf image
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(d) 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 a child, who is not 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.

(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:

(1) Has been judicially determined to be the father in a proceeding
brought under § 5-1010 of the Family Law Article or § 1-208 of the Estates and
Trusts Article; or

 

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Session Laws, 1999
Volume 796, Page 3765   View pdf image
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