Carney Wrongful Death Lawyer
When a victim dies because of negligence, their surviving family may be able to pursue a wrongful death claim against the at-fault party in Carney.
Our attorneys can help survivors with every aspect of wrongful death lawsuits, from identifying eligible plaintiffs to filing claims on time in Carney. Furthermore, we can calculate your family’s deserved recovery in a wrongful death claim by carefully reviewing your economic and non-economic damages. This will be necessary so that you do not accept an unfair offer from the defendant during settlement negotiations. We can also prepare your case for trial in the event that you do not settle out of court. To do this, we will carefully investigate the accident that caused your loved one’s death, interview eyewitnesses, source expert witness testimony, and compellingly present such evidence.
Call Rice, Murtha & Psoras at (410) 694-7291 to get a free case review from our Carney wrongful death lawyers.
The Role of Wrongful Death Lawyers in Carney
Your lawyer will play a crucial role in the success of your wrongful death claim in Carney. In addition to representing you during settlement negotiations or a trial, our lawyers can also calculate your damages and prepare evidence that meets the standard of proof for your lawsuit.
Giving Strategic Advice to Plaintiffs
There are certain things plaintiffs can do to aid their recoveries that they might only consider with the advice of an attorney. For example, our lawyers may urge you to immediately get the victim’s medical records so that we can review the cause of death. Furthermore, we can see how long you have left to file your lawsuit based on the date the victim died. The deadline to sue will be three years from that date, but you should bring your claim sooner than that if possible.
In Maryland, only certain individuals can sue for wrongful death. Under Md. Code, Cts. & Jud. Proc. Art., § 3-904(a), this right is generally reserved for a victim’s spouse, parents, and children. We can ensure only an eligible plaintiff brings the claim so your case is not thrown out of court in Carney.
Calculating Damages
Our wrongful death lawyers can calculate your damages based on your specific losses. Regarding financial damages, we will organize all the victim’s medical bills from their treatment and proof of lost income to your family because of the victim’s death. We can then add additional financial damages, such as costs related to funeral and burial expenses, which are also compensable in Maryland wrongful death claims.
Survivors can recover non-economic damages in wrongful death claims up to a limit. The cap on non-economic damages in claims with one plaintiff is $935,000, while the cap in claims with more than one plaintiff is 150% of that amount, according to Md. Code, Cts. & Jud. Proc. Art., § 11-108(b)(3).
In addition to advising you of compensation caps and how they might apply to your case, our lawyers can calculate your family’s non-economic damages due to the victim’s death by assessing various factors, like the psychological impact the event has had on your family.
Gathering and Organizing Evidence
Victims’ families might have access to evidence, like a victim’s medical records or other information. Our attorneys can organize and review that evidence to see how it might help your case. Furthermore, we can investigate the accident in question to get additional evidence of negligence. For example, if your loved one died in a car accident, there should be a corresponding police report. We can get and review that report to obtain eyewitnesses’ contact information. We can then reach out to interview eyewitnesses to get their statements.
Sourcing expert witness testimony may also strengthen wrongful death claims. Depending on the specific incident, a medical expert may be able to review the victim’s medical records to confirm their likely cause of death. Coupled with additional evidence, like eyewitness statements, such testimony can help you win your wrongful death lawsuit in Carney.
Representing Plaintiffs in Settlement Negotiations
We can also represent your interests during settlement negotiations. Negotiating wrongful death settlements can be an emotional process for plaintiffs, but it is important to remain calm during these conversations. We can aggressively negotiate a higher settlement by leveraging evidence supporting your claim.
The role of an attorney in settlement negotiations is crucial, as our lawyers can identify low-ball offers that do not compensate you or your family for your losses. Plaintiffs who accept unfair settlement offers may not be able to pursue further recovery if they realize the defendant should have paid them more. After we get the defendant’s first offer, we can assess it and go back with a counteroffer that better reflects your damages.
Prepping Cases for Trial
When wrongful death claims go to trial, plaintiffs must be prepared to meet the applicable standard of proof. The burden of proving fault is on the plaintiff and the plaintiff alone. Because showing that it is more than likely the defendant caused the victim’s death will be crucial for your success, our lawyers can start prepping your case for trial immediately, even if you ultimately settle out of court.
It is important to be ready for the possibility of a trial in case you need to change lanes during settlement negotiations. Some negotiations stall out, and some defendants refuse to properly compensate survivors, leaving plaintiffs with little choice but to proceed with a trial. By intentionally preparing your case for court from the get-go, you can feel more comfortable moving forward with a trial if you choose not to settle.
To prepare your case for trial, our lawyers will aim to gather evidence that proves four essential elements: duty of care, breach of duty, causation, and damages. These elements must be present in any successful wrongful death lawsuit.
Call Our Wrongful Death Attorneys in Carney Now
Call (410) 694-7291 to get a free case assessment from the wrongful death lawyers of Rice, Murtha & Psoras.