Lochearn, MD Wrongful Death Lawyer
When a loved one passes away, you can never be truly prepared. Even expected deaths can leave surviving family upset, angry, or feeling any range of emotions. When a death is unexpected, the feeling of loss is often intensified, and that feeling can be worse still when you suspect that your loved one died because another party was negligent.
If you want to see justice done for your deceased loved one and get financial compensation under the law, we are here to help. We know how difficult it can be to pursue these kinds of cases, especially for grieving family members, so we treat these claims with the compassion and care they demand without compromising on having the determination and grit to fight hard against defendants in your claim.
To have our caring wrongful death attorneys look at your claim for free, call Rice, Murtha & Psoras at (410) 694-7291.
How Long Do I Have to File a Wrongful Death Lawsuit in Lochearn, MD?
Grieving family members, understandably, may want to take some time to get things together before considering any legal action. Certainly, extended family needs to be contacted, funerals must be scheduled and planned, and time needs to be taken to grieve and process the loss. Indeed, all of those things are incredibly important, and our attorneys know this.
That being said, you need to be aware of the fact that Maryland law only permits lawsuits to be brought within a certain window of time, which is called a statute of limitations. For the vast majority of personal injury claims – including wrongful death actions – plaintiffs have three years to file their claim under Md. Code, Cts. &Jud. Proc. Art § 5-101. After that time has run out, you will not be able to file a claim or get any damages from the defendant.
Three years may look like lots of time, but it is really no time at all. It can take quite a while for our wrongful death lawyers to compile the facts and evidence necessary to file a claim – this is true of any personal injury case that wants to be successful. Additionally, there will doubtless be obligations you will have following a loved one’s death, like planning a funeral or contacting other relatives. This can quickly eat up that three-year statutory period, so it is better to contact our attorneys and start the process sooner rather than later.
What Damages Can I Get From Wrongful Death Actions in Lochearn, MD?
The goal of any personal injury claim is to get damages to offset the injury the defendant has caused. Sadly, in wrongful death claims that injury is the loss of a loved one. An important thing to remember is that you are suing for injury to you and the deceased’s family and friends, not necessarily for injuries to the deceased personally – although that can factor into the damages the jury awards you. Some of the things you can seek damages for in a wrongful death claim in Maryland include:
Lost Financial Support
One of the primary things many claimants sue for is lost financial support from the deceased. This does not just mean income from the deceased’s employment. It can also include any disability payments or other forms of income that the survivors are no longer receiving because of the victim’s passing.
Funeral Costs
Unexpectedly paying for a funeral can be a significant financial burden on surviving family members. Accordingly, courts allow plaintiffs in wrongful death cases to be awarded damages to cover the costs of the deceased’s funeral.
Lost Personal Care
If the deceased was a caregiver for a relative, you can get compensation to cover the fact that the victim can no longer provide that care. For example, suppose the deceased lived with, financially provided for, and rendered assistance to a disabled relative who could not live on their own. Now that the deceased has passed, that relative may need to pay for professional assistance that the deceased once provided. Therefore, courts can award financial compensation to try and alleviate that burden on people who relied on the deceased’s care.
Lost Companionship
Courts understand that the most important loss a surviving family has suffered in a wrongful death action is the loss of the deceased’s presence in their lives. Nothing can truly replace the care, compassion, and comfort brought on by a loved one’s presence. However, you can still get financial compensation to try and offset the loss of that care and compassion in some way.
Note that hurdles can come up if a surviving spouse was planning on getting a divorce from the deceased, so you should talk to attorneys about your situation if you believe that applies to you.
Survival Action Damages
In addition to a wrongful death lawsuit, there will likely also be a “survival action” following a loved one’s passing. In a wrongful death lawsuit, you are seeking damages based on the effects of your loved one’s death on your life. A survival action, on the other hand, seeks damages that you may be more likely to expect in other kinds of civil cases. These actions seek compensation to offset the pain and suffering the deceased experienced before they died, so executors sue for physical pain, mental anguish, and the cost of medical treatment the deceased incurred before they passed.
Damages in survival actions are paid to the deceased’s estate, which is why these actions are brought by the executor – or administrator – of that estate.
Talk to Our Wrongful Death Attorneys from Lochearn, MD Now
Rice, Murtha & Psoras’s wrongful death attorneys are just a phone call away when you contact us by calling (410) 694-7291.