Camp Springs Wrongful Death Lawyer

Tragedy can strike without warning when a loved one’s life is taken by the wrongful act of another person. If a close family member’s death was caused by negligence or intentionally, our lawyers can help you get justice.

Wrongful death claims are often complex. Not only are you still likely grieving your loss, you might not know how to quantify all the losses you have suffered. Our lawyers can help you determine the damages in your case and organize the evidence to file with your lawsuit. We will also explain the damages the deceased can recover through their estate in a survival action. If you are not an immediate family member but are still related to the deceased, we can see if the relationship was significant enough to allow you to sue.

For a free review of your case with our wrongful death attorneys, call Rice, Murtha & Psoras at (410) 694-7291.

Recovering Compensation for Wrongful Death in Camp Springs, MD

When someone dies because of another’s wrongful act, certain surviving family members can claim the numerous losses they suffered as a result. However, the damages are typically paid out between two different claims. One cause of action is the wrongful death claim, which is for the benefit of the family. The other claim is known as a “survival” action and is intended to recover the damages the deceased sustained.

This can make filing a wrongful death case in Camp Springs since these two claims needed to be filed at the same time. Our wrongful death lawyers can ease the process by gathering evidence and working with the personal representative of your loved one’s estate to coordinate your filing. Whether you are filing for insurance benefits or need to take your claim to court, we can guide you on what steps to take to get compensation for your loss.

Wrongful Death Claims

The “wrongful death” claim is probably what most people think of when they think of filing a traditional lawsuit. This is the claim that will likely involve you and your family the most. Md. Code, Cts. & Jud. Proc. Art., § 3-904(a)(1) gives surviving spouses, children, and parents the right to file a claim to recover damages. Unfortunately, siblings and other close relatives do not have the legal right to file a claim on the deceased’s behalf.

Md. Code, Cts. & Jud. Proc. Art., § 3-904(b) carves out an exception if the deceased did not have any surviving family members. If you substantially depended on the deceased financially and emotionally, making them the same as family, you can file a claim if you were related to them through marriage or by blood. Our team can gather evidence to prove this was the nature of your relationship with your loved one.

A wrongful death claim is meant to compensate the above family members for the losses they suffered. Fortunately, you are not limited to only recovering “pecuniary” or financial damages in a claim. Md. Code, Cts. & Jud. Proc. Art., § 3-904(d) allows you to also claim pain and suffering damages, including mental anguish, loss of companionship, marital care, protection, advice, and many other emotional losses you and your family have endured. Our team can help put a value on the loss of guidance and care you suffered.

Survival Actions

The survival action will be filed with your wrongful death claim but by the personal representative of the deceased’s estate. The representative, also known as the “executor,” is responsible for filing a lawsuit to recover the damages the deceased would have been able to sue for had they survived their accident.

According to Md. Code, Cts. & Jud. Proc. Art., § 6-401(a), a cause of action survives the death of either the plaintiff or defendant. This means that if the deceased had a right to file a lawsuit for a car accident if they survived, that right would still exist for their estate. The personal representative steps in to make sure that right is exercised.

In a survival action, the personal representative can claim whatever damages the deceased would have been able to. This includes compensation for medical expenses, lost income and future earnings, and pain and suffering. If your loved one did not have a will with a named representative, the court will typically appoint a close relative to act as the estate’s personal representative.

How Long You Have to File a Wrongful Death Lawsuit in Camp Springs, MD

While it might be difficult to think about legal issues after suffering such a loss, you will not have an unlimited amount of time to file a lawsuit. Md. Code, Cts. & Jud. Proc. Art., § 3-904(g)(1) only gives surviving family members three years from the date of death to file their claim. Our team can determine your deadline to file and prepare your case before it passes.

What is Considered Wrongful Death in Camp Springs, MD

“Wrongful death” is a legal term of art that refers to the taking of another’s life through a wrongful act. Numerous acts are considered wrongful even if the person committing them is not charged with a crime. For example, negligence is often the cause of wrongful death, but the offender might not have been criminally negligent.

A person would likely be charged with a crime if they caused someone’s death through a reckless or intentional act. However, they can also be sued in civil court for the same offense. For instance, if a loved one is a murder victim, the defendant will be prosecuted by the state and sent to prison. The defendant can then be sued for causing the victim’s wrongful death. Thus, it does not matter if the victim’s death was caused by an intentional act or negligent behavior, regardless of how these acts are defined by criminal law.

However, the majority of wrongful death claims seek compensation for negligent accidents. Our attorneys know that many of these cases involve vehicle accidents and know how to prove them. Whether the victim’s wrongful death was caused by a truck or motorcycle accident or they were struck as a pedestrian, our team can prepare and argue your case to the court.

Defective products also cause many wrongful deaths in Camp Springs. Many household items and pharmaceutical products can be dangerous. Our team can help determine how the product was defective, potentially suing both the designer and manufacturer of the product.

Many other wrongful death cases deal with medical malpractice. These cases can be more challenging as several healthcare providers might be implicated in your loved one’s wrongful death. For instance, the doctor might have prescribed the wrong medication, and a nurse over-administered it, causing the patient’s death. Our lawyers can work with experts to explain how the death occurred.