Aspen Hill, MD Wrongful Death Lawyer

After the death of a loved one, you might be able to file a lawsuit, provided they died because of negligence in Aspen Hill.

If your spouse, parent, or child recently died as a result of another party’s negligence, you can recover compensation for pain and suffering as well as economic losses related to their death in Aspen Hill. To do this, you will need evidence, such as the victim’s medical records prior to and after death, as well as witness statements and other forms of proof. While the length of wrongful death claims can differ, all cases must be filed within three years in Maryland. Our attorneys can help you and your family as you navigate settlement negotiations with the at-fault party and a possible trial to get justice for your loved one.

For a free review of your case from our Aspen Hill, MD wrongful death lawyers, call (410) 694-7291 and speak to the team at Rice, Murtha & Psoras today.

Recoverable Damages in Wrongful Death Claims in Aspen Hill, MD

Compensation in wrongful death claims varies, depending on the loss to the surviving family members and their relationship to the victim. We can assess your case to determine the damages available to you and your family in Aspen Hill.

Except in situations laid out in Md. Code, Cts. & Jud. Proc. Art., § 3-904(d), compensation in wrongful death suits is limited to pecuniary losses, such as funeral expenses or loss of income. In situations where the victim is a spouse, parent, or child, pain and suffering damages can be awarded.

Currently, the limit on non-economic damages for injury claims in Aspen Hill is $935,000. According to Md. Code, Cts. & Jud. Proc. Art., § 11-108(3)(ii), for wrongful death cases involving two or more claimants, the cap on pain and suffering damages increases to $1,402,500. And, for combined wrongful death and survival actions, the limit on non-economic damages is currently $2,337,5000.

In addition to compensation for mental anguish, loss of consortium, and other pain and suffering damages, surviving family members may recover economic damages in wrongful death suits. Compensation is typically only given to primary beneficiaries, like a parent, child, or spouse. If a victim does not have any primary beneficiaries, a secondary beneficiary, like a sibling, could bring a case. In such instances, their recovery would likely stop at economic damages in Aspen Hill.

In some cases, punitive damages might be awarded to survivors of wrongful death victims. Proving punitive damages is not as straightforward as proving actual damages. We must illustrate that the defendant was grossly negligent at the time they injured the victim and caused their death.

Admissible Evidence in Wrongful Death Lawsuits in Aspen Hill, MD

Evidence in wrongful death lawsuits can be challenging to gather, depending on the circumstances. We will carefully investigate the situation surrounding the victim’s death to uncover proof of the defendant’s negligence.

After taking on your case, our wrongful death lawyers will launch an investigation into the accident or event that caused the victim’s death. The specific accident in question might leave behind certain evidence, like physical evidence from the scene, eyewitness statements, and surveillance footage. Our attorneys can pool together all available evidence and assess it against the burden of proof standard of wrongful death lawsuits in Aspen Hill.

Although police reports are inadmissible in wrongful death claims in Maryland, you should still report the accident that caused the victim’s death to the police if necessary. For example, if the victim died in an auto accident, that accident must be reported to the authorities, according to Md. Code, Transp. Art. § 20-107(a). Despite being inadmissible in court, the police report regarding the victim’s death can be valuable to our attorneys.

The majority of evidence used in your favor will likely be the victim’s medical records. Medical professionals can examine the victim and conclude the ultimate cause of their death, which will likely be the negligent act that caused the injuries that resulted in their death. Obtaining the victim’s medical records and medical history will be important so that you can show the jury they died as a result of the defendant’s negligent or intentional wrongful act in Aspen Hill.

Average Length of Wrongful Death Claims in Aspen Hill, MD

Because no two wrongful death claims are the same, no two take the same amount of time to complete. That said, there are some indicators of how long it will take to finish your case in Aspen Hill.

According to Md. Code, Cts. & Jud. Proc. Art., § 5-101, most wrongful death lawsuits must be brought within three years of the date of the victim’s death in Maryland. Once you file your claim, you will no longer have to worry about the statute of limitations, regardless of how long it takes for your case to end.

Defendants often want to settle wrongful death cases out of court because of the high potential for a substantial jury award. When navigating settlement negotiations, our lawyers will remain true to the value of your case and insist that you and your family are properly compensated for your loss.

For some families, going to trial feels right, as doing so can allow you to hold the party responsible for your loved one’s death accountable. When you take a wrongful death case to court, the judge and jury will hear all evidence of fault and make a ruling according to that evidence. The jury will also consider all proof of damages the plaintiff is able to provide and award damages accordingly. Having a jury say that the defendant is legally responsible for the death of the victim is often more rewarding for families than actually recovering compensation, though damages will still be awarded in Aspen Hill.

Ask Our Attorneys About Filing a Wrongful Death Claim in Aspen Hill, MD

Call (410) 694-7291 for help with your case from the wrongful death lawyers of Rice, Murtha & Psoras.