Ilchester, MD Wrongful Death Lawyer

When someone dies before their time, it is a tragic experience for many involved. Loved ones may be left wondering why this untimely death had to happen, and they may be upset, frustrated, and distressed about the unfairness of the situation. Moreover, this does not take into account the possible financial consequences of losing a close family member. On top of not benefitting from the deceased’s income anymore, surviving family members will have to pay for funeral costs and cover other expenses. All of this can seem very unfair in the grand scheme of things.

We are here to lend a hand if you want to see justice for a loved one who died because someone else messed up. We can handle these lawsuits with the compassion and care they demand while still fighting hard for you in the court of law.

For a free review of your claim, call Rice, Murtha & Psoras’s wrongful death lawyers at (410) 694-7291.

Wrongful Death Claims in Ilchester, MD

A wrongful death claim is a type of civil claim where the family members of a deceased person file a lawsuit alleging that the deceased died because of the defendant’s negligence and, consequently, the family has suffered damages. In many ways, wrongful death actions are similar to other kinds of personal injury cases, the main difference being that the person who got hurt is now deceased.

There is another type of proceeding similar to wrongful death claims called a “survival action,” this is a separate lawsuit where the executor of the deceased’s estate sues for injuries the deceased experienced before they passed away. An executor is a person who the deceased names in their will who is tasked with carrying out the deceased’s wishes. Sometimes, the executor is a bank or financial institution, but in many cases, it is a family member trusted by the deceased. It could even be you. If that is the case, our wrongful death lawyers can assist with any legal hurdles you may come across when carrying out your duties as executor.

Who is Allowed to Bring Wrongful Death Lawsuits in Ilchester, MD?

It may surprise you to find out that not everyone close to or related to the deceased is permitted to bring a wrongful death claim. According to Md. Code, Cts. & Jud. Proc. Art § 3-904(a), in almost all circumstances, only spouses, children, and parents of the deceased can file wrongful death claims. The range of eligible family members who can file wrongful death claims extends to further removed relatives if the deceased does not have any immediate family pursuant to Md. Code, Cts. & Jud. Proc. Art § 3-904(b). This allows anyone related by “blood or marriage” to the deceased to file a claim, provided they were financially dependent on them.

How Long Do I Have to Bring a Wrongful Death Lawsuit in Ilchester, MD?

Maryland also has rules regarding the time you have to bring forth a claim. Per Md. Code, Cts. & Jud. Proc. Art § 5-101, claimants have three years from the time of death to file a claim. After that time, courts cannot hear your case, and you will not be able to receive any financial compensation.

This type of law is called a statute of limitations, and they exist to ensure that lawsuits are brought and completed relatively promptly, that the facts of the case are fresh in the minds of all parties involved, and individuals can, at some point, move on with their lives instead of living with the specter of a lawsuit hanging over their heads.

What Damages Can You Seek in a Wrongful Death Claim in Ilchester, MD?

Lawsuits brought in civil courts are filed with the purpose of getting damages to offset the effects of injuries the defendant caused. Normally, damages stem from what happened to the plaintiff and their condition. In a wrongful death claim, damages are not based on the defendant’s condition – they are deceased. Rather, damages you ask for in wrongful death lawsuits mainly arise out of the effects the deceased’s death has on the plaintiff.

Loss of Income

One of the most frequent things plaintiffs request damages for in wrongful death lawsuits is loss of income from the deceased. This is particularly true of the deceased, who was the primary financial provider for their household. Accordingly, you can get damages to try and offset the loss of that stream of income. This includes not just income from employment but also income from government programs like supplemental security disability insurance.

Loss of Care

Another thing you can get damages for is loss of care on the part of the deceased. For example, suppose the deceased took care of a relative who was disabled. Now that the victim is deceased, they can no longer care for that person, and they may have to hire a professional caretaker. You can seek damages to offset the hidden financial cost of the deceased taking care of somebody.

Funeral Expenses

Funerals can be expensive. If they were not planning for one already, it could put the surviving family under significant financial pressure. Thus, you can get the defendant to compensate you for the deceased’s funeral expenses.

Loss of Consortium and Companionship

Spouses who file wrongful death lawsuits can get financial compensation for the lost companionship of a loved one. Courts understand how special the bond between spouses can be, and courts also know that such a loss can never truly be replaced. However, you can still be awarded damages to make up for the lost love and affection of a spouse to try and offset the loss in some way.

Chat with our Ilchester, MD Wrongful Death Lawyers Today

For help with your situation, call our compassionate wrongful death lawyers by contacting Rice, Murtha & Psoras at (410) 694-7291.