Aberdeen, MD Wrongful Death Lawyer
Few things can compare to the sense of desolation, sadness, and hopelessness that accompanies the loss of a loved one. Your situation may worsen knowing that your loved one’s death was caused by another person’s negligence. You may feel like there is nothing you can do to move forward after your tragic loss. However, this is not the case.
Our Aberdeen, MD, wrongful death attorneys from Rice, Murtha & Psoras know how challenging your situation can be. That is why we dedicate all of our efforts and resources to fighting aggressively and strategically for the compensation you deserve. To learn more about our services in a free, confidential consultation, call our law offices today at (410) 694-7291.
Who Can File a Wrongful Death Claim in Aberdeen, MD?
A wrongful death claim happens when a person’s negligent actions or omissions cause the death of another. These claims are aimed to compensate the decedent’s beneficiaries for the loss of their loved one. To that extent, the surviving family has a cause of action against the liable parties for their loved one’s untimely death. the law states that the decedent’s primary beneficiaries (spouse, children, parents) can file a wrongful death claim before anyone else.
However, the primary beneficiaries may not be the only ones with the right to file a wrongful death claim. Under Maryland law, there may be secondary beneficiaries in situations where a person dies without primary beneficiaries. This means that the decedent’s siblings, nephews, and nieces, and cousins may file a claim. However, secondary beneficiaries in a wrongful death claim must prove that they depended financially on the decedent.
For many people, understanding who has the standing to file a claim after a loved one’s death may seem confusing. it is always in your best interest to hire an experienced Aberdeen, MD wrongful death attorney who can guide you through the entire claim process.
Compensation in a Wrongful Death Claim in Aberdeen, MD
Many people may wonder how much compensation they can obtain from their wrongful death claim. Unfortunately, there is no set formula that can help you obtain an estimate for your case. the courts always rely on the evidence presented to make a final determination on your compensation. Because every case is different, the losses perceived in one case may not necessarily be the same for the next.
Typically, you can expect two types of compensation from a wrongful death claim in Aberdeen, MD. These awards are known as economic and non-economic damages. Economic damages refer to losses that are quantifiable and can be easily determined. An example of economic damages includes compensation for funeral and burial expenses. These expenses can be determined and compensated as part of your claim. In Maryland, there are no caps for these kinds of damages.
Conversely, non-economic damages refer to losses that are harder to determine or quantify. These damages are more subjective than economic damages. Additionally, there are caps to what you may expect from this specific compensation. Under Maryland law, for the year 2020, the limit to non-economic damages is $875,000. This means that the maximum compensation you can get for things such as pain and suffering will be limited to this amount. it is always in your best interest to hire an experienced Aberdeen, MD wrongful death attorney who can help you fight for the max compensation in your case.
The Statute of Limitations for a Wrongful Death Claim in Aberdeen, MD
It is essential to understand that you have a limited time to file your lawsuit as a claimant. This is known as the statute of limitations. it is critical for all claimants to make sure they file their claim within the statute’s timeline, or you may risk losing your chance to fight for compensation. If you don’t file on time, the court may refuse to hear your case. Under Maryland law, you have up to three years from your loved one’s death to file a wrongful death claim. Our experienced Aberdeen, MD wrongful death attorneys can help you file your claim on time.
Proving Your Wrongful Death Claim in Aberdeen, MD
As a plaintiff, you are expected to show the defendant’s negligence. You can achieve this by providing evidence supporting your claim. the presentation of sufficient evidence goes hand in hand with the statute of limitations. it is critical to act quickly to allow your lawyer to gather the evidence needed to prove your claim. Typically, you will need to prove the existence of four main elements.
These elements are known as the legal duty – or a duty of care – the breach of duty, causation, and losses or damages. the first element in your claim is the legal duty or duty of care. You can prove the existence of this element by showing the defendant owed your loved one a duty to act as a prudent, reasonable person. the second element in your claim is known as a breach of legal duty. You can prove the defendant breached their duty by showing they acted negligently. For example, you can provide evidence supporting the idea that the defendant failed to drive safely.
The third element, known as causation, requires you to provide evidence showing a direct link between the defendant’s actions or omissions and your loved one’s death. Finally, you will need to show the court proof of your losses. For instance, you can provide the court with evidence showing the expenses you engaged in due to your loved one’s medical treatment, their funeral expenses, and their burial expenses. Proving your case requires in-depth knowledge of how these cases work. Our Aberdeen, MD wrongful death lawyers can help you.
Aberdeen, MD Wrongful Death Attorneys Offering Free Consultations
If you have lost a loved one due to another person’s negligence in Aberdeen, MD, we can help. Our Aberdeen, MD, wrongful death lawyers at Rice, Murtha & Psoras know how challenging and emotionally-draining your situation can be. That is why our Maryland personal injury lawyers work tirelessly to fight for your rights as a plaintiff. No compensation may be enough to bring your loved one back. However, a wrongful death claim can help you start your healing process. Call our law offices today (410) 694-7291.