Wrongful Death Attorney In Maryland – In Maryland, state law allows the decedent’s family to bring wrongful death and/or survivorship actions if one person’s negligence causes another person’s death.
Both situations allow surviving family members to file legal claims on behalf of lost loved ones, but there are important differences between these two legal claims.
Wrongful Death Attorney In Maryland
If you have lost a loved one due to another person’s negligence, our deepest sympathies go out to you. Baltimore wrongful death attorney John J. Lepler will hold the negligent party or parties accountable and handle your claims so that you are properly injured.
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In Maryland, the law allows surviving family members to recover damages for the harm they themselves suffered as a result of the death of a loved one. Wrongful death actions compensate some family members for the loss of support and companionship after their loved one dies.
However, the law only allows certain family members to bring a wrongful death action; That is, a wrongful death claim can only be brought against a deceased person:
In most cases, surviving family members have three years to file a wrongful death lawsuit. Absent special circumstances, the law bars family members from bringing a wrongful-death action after the three-year statute of limitations.
In Maryland, the law allows surviving family members to recover damages on behalf of a deceased loved one. In this way, survival actions are different from accidental death actions. In a survivorship action, surviving family members sue for injury or harm caused by the decedent before his death, rather than for their own damages in a wrongful death claim. So, for example, if a loved one dies instantly, there is little damage to recover.
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In general, survivorship allows a surviving family member to “step into the shoes” of the deceased person. If the deceased person has a valid claim against a third party, for example for negligence, surviving family members can pursue this negligence claim on behalf of the deceased person even after their loved one’s death.
Damages in a survivorship claim apply to commonsense survivorship claims and the same three-year statute of limitations applies. However, unlike wrongful death claims, damages in a survivorship action go directly to the deceased person’s estate, rather than to surviving family members.
The untimely death of a person is always a sad event. In some cases, the event may be the result of another person’s actions, which means you may need to hire a wrongful death law firm.
In this FAQ, our Towson, MD personal injury law firm discusses all aspects of accidental death cases. Learn more about this type of case and whether it’s one you can pursue in your current situation. You will learn why hiring a Baltimore wrongful death attorney is essential.
Maryland Wrongful Death Attorneys
These types of cases give loved ones of the deceased the opportunity to take additional legal action against the defendant. It is important to note that an accidental death lawsuit is a civil action. This is not a criminal case.
Clarifying that distinction is important. According to an article from Cornell Law School, the burden of proof plaintiffs must meet in accidental death cases is lower than the threshold for criminal charges. Even if the defendant somehow avoids being charged in his criminal record, he may be held responsible for the victim’s death. The defendant may still be required to pay damages if the wrongful death lawsuit is successful.
A wrongful death can be the result of someone’s intentional actions. In many cases, the act that ultimately leads to the death of the injured party is an accident.
People who are eligible to file wrongful death lawsuits in Maryland are the primary beneficiaries. These include the deceased person’s spouse, children and parents.
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If there are no living primary beneficiaries, secondary beneficiaries are allowed to file the action. Secondary beneficiaries are relatives of the affected person by blood or marriage. Essentially, secondary beneficiaries must be “substantially dependent” on the decedent before they can bring legal action.
The same rules that dictate who can file a wrongful death lawsuit also determine who can recover damages in that lawsuit. Again, they prioritize the primary beneficiaries.
Only secondary beneficiaries who were “substantially dependent” on the deceased can claim compensation. If the primary beneficiary is alive, the courts will not award any compensation to the secondary beneficiaries.
Wrongful death claims can apply to different scenarios. The accident that took your husband’s life could be a prime example of an accidental death that you may not be aware of.
Do You Have A Maryland Wrongful Death Case?
In this section, we will take a closer look at the different types of wrongful death claims that plaintiffs commonly pursue. Go through them and see if one looks similar to your case.
Cars are safer than ever because manufacturers are putting more effort into adding features that protect both the car’s occupants and the other drivers and pedestrians around them. Unfortunately, these characteristics cannot be attributed to the negligent actions of the driver.
A distracted driver may not notice a pedestrian crossing the road. By the time they stop the car, the pedestrian could already be lying on the ground lifeless.
Wrongful death lawsuits also apply to deaths in car accidents. The person who caused the accident must be held accountable for their reckless actions.
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Employers must provide employees with a safe working environment. Falls, electrocution, and exposure to toxic chemicals are some of the dangerous hazards that workers may face, so the threats they pose must be minimized. If an employer fails to meet this obligation and one of their employees dies on the job, they may be subject to a wrongful death claim.
Wrongful death lawsuits can also arise from defective products. Manufacturers should double-check to ensure their products are fit for consumption or use. It is essential that food and drug manufacturers take the time to test products for safety.
Products may be defective due to their design, manufacture or marketing. You can file an accidental death case regardless of the defect that caused your loved one’s death.
A doctor’s negligent actions can also lead to wrongful death. Those negligent acts can include surgical errors or mistakes in prescribing medications.
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Plaintiffs have a higher hurdle to overcome if they want to file a wrongful death claim based on medical malpractice. In this situation, it is necessary to associate with a lawyer.
Finally, wrongful deaths can also occur as a result of intentional acts. If your loved one dies because they were assaulted, you can sue the assailant for damages. If your loved one dies from a shooting or stabbing in an apartment complex parking lot or at a store or bar; You can sue the owner or company for damages!
Should you hire an accident attorney to seek compensation for the unexpected death of a loved one? You can come up with an answer to this question after learning what a wrongful death law firm in Towson, Maryland can do.
It is important to file a wrongful death lawsuit early because you never know how the defendant might react. Also, the statute of limitations for these cases is only three years, which can pass quickly. It is better to act immediately.
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If you are still grieving, going through the process of filing a lawsuit is not easy. Let your lawyer take on this responsibility for you.
There are many factors to consider in determining the appropriate amount of damages in your case. Figuring it out on your own can be difficult. If you are so inclined, you can delegate this task to your lawyer.
When preparing to file a lawsuit, it is essential to gather evidence to support your claim. However, you may not have time to do this because you still have the funeral to attend. Fortunately, your personal injury attorney can work on the evidence while you turn your attention to more important matters.
Contact us if you are considering filing an accidental death lawsuit. Hold the defendant accountable for your tragic loss and advance that claim to get more financial support for you and your family at the same time.
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Both wrongful death and survival claims involve tragic circumstances. We will understand this and handle your claims so that you are properly grieved. Let a Baltimore personal injury attorney help you.
Our wrongful death law firm gives your case the personal attention you won’t find at larger law firms, and we offer 24/7 access, no-obligation, no-fee-until-you-win consultations and same-day responses. For news. We will treat you with the utmost respect and compassion. Main Office 1426 E. Joppa Road Towson, Maryland 21286 Forest Hill 2304 Rock Spring Road Forest Hill, MD 21050 *by appointment only
When a loved one dies, families are torn apart.