Bethesda, MD Wrongful Death Lawyer
At Rice, Murtha & Psoras, we know how challenging and emotionally-draining losing a loved one can be. Nothing can prepare you for such a moment, especially when your loss happened due to another person’s negligence. Fortunately, you can fight for the compensation you deserve for your losses.
Our Bethesda, MD, wrongful death lawyers can help you file your wrongful death claim and fight for the compensation you and your family deserve. To learn more about our services in a free, confidential consultation, call our law offices today at (410) 694-7291.
Can You File a Wrongful Death Claim in Bethesda, MD?
After losing a loved one, you may wonder whether there is anything you can do to hold the liable parties accountable. This is especially true in cases where your losses were caused by a negligent, reckless, and careless person. You may file a claim against the liable parties in order to get compensation. Under Maryland law, you must be a decedent’s beneficiary in order to file a wrongful death claim and fight for compensation.
The law differentiates between primary beneficiaries and secondary beneficiaries. Primary beneficiaries refer to the decedent’s surviving heirs, including their spouse, children, and parents. These beneficiaries will always take priority over any other person in a wrongful death claim. the secondary beneficiaries can file a lawsuit in circumstances where no primary beneficiaries survive the decedent. This category includes nieces, cousins, and siblings – among other family members. However, secondary beneficiaries must also prove they depended on their loved one’s financial support.
As a decedent’s beneficiary, you can fight for compensation through a wrongful death claim or a survival action. Many people tend to use these terms interchangeably, not knowing they are two separate legal actions. the purpose of these claims is to hold the liable parties accountable and to fight for compensation.
Under Maryland law, the decedent’s beneficiaries or estate can file for both actions because they are both independent of each other. However, fighting for compensation after your loved one’s passing requires in-depth knowledge of personal injury law. Our Bethesda, MD, wrongful death attorneys can help you make an informed decision based on your case’s particular circumstances.
Proving a Wrongful Death Claim in Bethesda, MD
Dealing with Maryland’s personal injury law and wrongful death claims require you to have in-depth knowledge of the law. This is why it would be best to hire our Bethesda, MD personal injury attorneys. One of the most important things to remember is that you have the burden of proof as a plaintiff.
Since you are bringing the claim to the court, you are expected to show the defendant’s negligence, which is the most essential element in every claim based on personal injury. Like other personal injury claims, the court will expect you to prove the existence of four basic elements: the legal duty, breach, causation, and damages. We discuss each of these elements below.
Every individual in society is expected to act as a prudent, reasonable person. This is known as the legal duty. You can prove the existence of this element by providing supporting evidence. Suppose your loved one lost their life due to medical negligence. As we all know, doctors, nurses, surgeons, and all other healthcare professionals are held to a high standard. They have a legal duty to provide quality medical assistance to all of their patients. In this case, you can provide evidence supporting the fact that the decedent’s doctor owed him a duty of care.
The breach of the duty of care occurs when the defendant fails to act as a prudent, reasonable person. Following the last example, you can prove there is a breach of duty by providing evidence showing your loved one’s doctor failed to diagnose him on time, failed to provide necessary treatment, or failed to prescribe the correct medication. Our Bethesda, MD, wrongful death attorneys can help.
Causation is one of the most challenging elements to prove in a wrongful death claim. As a plaintiff, you are required to provide evidence showing a distinct connection between the defendant’s actions and your loved one’s death. it is essential to hire an experienced Bethesda, MD, wrongful death lawyer who can guide you through the entire process.
Damages or Losses
Finally, you will need to show the court your losses. You can achieve this by providing evidence of your medical expenses, loss of consortium, loss of companionship, and other losses related to your loved one’s death.
Proving all of these elements is essential to get compensation in a wrongful death claim. Failing to do so may put your potential award at risk. Our Bethesda, MD, wrongful death lawyers can help you with all of these matters.
How Long Do I Have to File My Wrongful Death Claim in Bethesda, MD?
According to Maryland law, you have up to three years after your loved one’s death to file a wrongful death claim. the statute of limitations provides you with a limited time to file your claim and fight for compensation. it is essential to comply with this rule. If your time runs out, you may be left without the means to fight for compensation and hold the liable parties accountable for your losses. it is always in your best interest to hire an experienced Bethesda, MD, wrongful death attorney who understands how this process works.
Bethesda, MD Wrongful Death Attorney Offering Free Consultations
If you have lost a loved one due to another person’s negligence, there is no time to waste. As we mentioned, you only have a limited time to hold the liable parties accountable through a wrongful death claim. Our Bethesda, MD, wrongful death lawyers from Rice, Murtha & Psoras can help you fight for your compensation. Thanks to years of experience with personal injury law, our Maryland personal injury lawyers know how to hold the liable parties accountable for your losses. To learn more about all of our services in a free, confidential consultation, call our law offices today at (410) 694-7291.