Bowie, MD Wrongful Death Lawyer
Few things that can compare to the sense of desolation, pain, and suffering caused by a loved one’s untimely death. This is especially true when your loved one’s death was caused by another person’s negligence.
You may feel overwhelmed by your challenging situation. However, you are not alone. Our Bowie, MD, wrongful death lawyers can help.
At Rice, Murtha & Psoras, we can help you fight to hold the liable parties accountable for your losses and get the compensation you deserve. Call our law offices today and schedule your free, confidential consultation today. Our phone number is (410) 694-7291.
Wrongful Death Laws in Bowie, MD
Wrongful death claims are possible due to Maryland’s wrongful death statutes. Under Maryland’s wrongful death statute § 3-904, the decedent’s surviving family can bring forth a claim for their loved one’s untimely death.
Through this claim, the plaintiffs can fight for compensation as the decedent’s primary beneficiaries.
The surviving spouse, children, or parents can file their wrongful death claim. Suppose no primary beneficiaries survive the decedent. In that case, secondary beneficiaries – such as siblings and cousins – can file a wrongful death claim if they can prove they were substantially financially dependent on the decedent.
As a plaintiff, you can fight for compensation through a wrongful death claim and a surviving action. However, it is essential to understand that these are two independent processes, and both are aimed at compensating you for your losses; both approaches are different.
Our Bowie, MD, wrongful death attorneys can help you fight for the compensation you deserve for your losses.
How Long Do I Have to File a Wrongful Death Claim in Bowie, MD?
Whenever someone decides to file a claim or lawsuit, timing is always essential.
The statute of limitations sets the amount of time you have to file your claim. If the surviving beneficiaries in a wrongful death claim do not file their claim within the allotted amount of time set by the statute of limitations, they may not be allowed to have their case heard by the court.
Under the Maryland statute of limitations, the decedent’s surviving family has up to three years from their loved one’s death to file their claim. It is always in your best interest to hire an experienced Bowie, MD, wrongful death attorney who can help you file your claim on time.
Getting Compensation for a Wrongful Death Claim in Bowie, MD
Getting compensation can be challenging, especially if you have never gone through a legal process of this nature. Our Bowie, MD, wrongful death lawyers can help you through your claim process, fighting for the compensation you need.
As a plaintiff, it is up to you to support your claim through evidence. Like any lawsuit based on personal injury law, the plaintiff has the burden of showing the defendant’s negligence.
Negligence in a wrongful death claim can be proven by showing the existence of four main elements. We explain each of them below.
Legal Duty
The first element in your wrongful death claim is the legal duty – or duty of care. The legal duty refers to the moral or legal obligation one party owes to another at any given circumstance.
As a member of society, all individuals are expected to behave like a prudent, reasonable person, acting in a way that ensures other people’s safety.
For instance, a property owner has the legal duty to make sure their property is free from hazards that may put any visitor at risk of an accident, injury, or death. This first element can be proven by providing evidence showing the property owner had this legal duty.
Breach of Duty
The breach of duty is the second element in your wrongful death claim. As a plaintiff, you are expected to provide evidence showing the defendant failed to act with the level of care a reasonable person would have under the same circumstances.
Following the last example, you can prove this element by providing evidence showing the property owner failed to correct any existing or underlying hazards.
Causation
Once you have proven an existing legal duty and its subsequent breach, you will need to show causation. Causation requires you to link the defendant’s negligent actions or omissions to your subsequent loss, your loved one’s death.
This element requires a careful, in-depth analysis of all of the elements in your case and providing all necessary evidence required to prove this challenging element. Our Bowie, MD, wrongful death attorneys can help you with this matter.
Damages
The final element in your wrongful death claim requires you to show the losses you suffered due to your loved one’s untimely death. You can provide evidence of expenses such as funeral and burial expenses, loss of consortium, and pain and suffering. Our Bowie, MD, wrongful death lawyers can help you with these matters.
Compensation for a Wrongful Death Claim in Bowie, MD
The amount of compensation you can expect from your case cannot be determined with precise accuracy. Every wrongful death claim is different, and the court will look at your particular circumstances to determine how much your claim may be worth.
It is essential to understand that there are no caps on economic damages in Maryland. Every financial loss suffered as a consequence of your loved one’s death can be compensated.
However, there are caps on non-economic damages in wrongful death claims. Hence, it is essential to have an experienced Bowie, MD wrongful death lawyer by your side. Your attorney can help you maximize your compensation and help you get the most out of your particular case.
Bowie, MD Wrongful Death Lawyers Providing Free Consultations
If you or someone you know lost their loved one due to another person’s negligence in Bowie, MD, Rice, Murtha & Psoras can help. Our Bowie, MD, wrongful death attorneys, and Maryland personal injury attorneys can help you hold the liable parties accountable for your losses and fight for the compensation you deserve.
To learn more about our legal services in a free, confidential consultation, call our law offices today at (410) 694-7291.
