College Park, MD Wrongful Death Lawyer
The sudden death of a loved one is a shocking and sad event. No one is ever truly prepared to lose someone they love. The sting of a sudden death can be even more painful if you potentially suspect that someone else’s negligent acts led to your loved one’s demise.
Fortunately, you have options you can pursue to try and ease the burden of someone you care about unexpectedly passing away. Our legal team knows how to handle these cases with the sensitivity they demand, and we will also fight hard to get you the financial compensation you need from your case.
The caring wrongful death lawyer with Rice, Murtha & Psoras can be reached for free case reviews when you contact our office at (410) 694-7291.
How Are Wrongful Death Claims Different from Other Lawsuits in College Park, MD?
By and large, wrongful death lawsuits have many of the same beats as other personal injury claims, but there are some key differences you need to be aware of. First and foremost, not just anyone can file these claims. Under Md. Code, Cts. & Jud. Proc. Art., § 3-904(a)(1), children, parents, and spouses of the deceased can file wrongful death claims. Sadly, that means that other family members, such as aunts, uncles, and cousins, cannot file a claim without a special exception, even if the deceased was very close to them. However, these relations can file if there are no living children, parents, or spouses of the deceased and they are dependent on the deceased. In those cases, extended family members may be able to bring forth a claim.
Survival Actions and Wrongful Death Lawsuits in College Park, MD
You can also commence what are called “survival actions” after a loved one passes away. These are legal claims where the executor of their estate seeks damages that will be paid to the deceased’s estate.
While wrongful death lawsuits seek damages for what happened to the deceased’s surviving family, survival actions seek damages for what happened to the victim. Items you seek damages for in survival actions will be more in line with an ordinary personal injury lawsuit than what you will request damages for when you file your wrongful death claim. You can discuss potential survival actions with our wrongful death lawyers when planning your wrongful death lawsuit with us.
Damages You Can Seek in College Park, MD Wrongful Death Lawsuits
Like in all other civil lawsuits, one of the primary goals of wrongful death claims is to get damages to offset some of the loss of the deceased. Of course, nothing can truly replace a loved one’s presence, but financial compensation can help to offset some of the hardship you experience because of a loved one’s sudden passing.
Funeral Expenses
Funerals can end up being quite expensive, especially if the event is unexpected. Indeed, funeral expenses can place individuals and families in dire financial straits. Moreover, you should be given the opportunity to mourn and honor your loved ones without worrying about whether you will be able to afford it. Accordingly, courts allow you to seek financial compensation for funeral costs in wrongful death lawsuits.
Income
You can also get damages based on the deceased’s income in your claim. This may be especially important if the primary income source for your household came from the deceased’s pay. Additionally, “income” can mean more than just pay the deceased got from their job. For example, if the deceased was enrolled in a disability program like SSDI and their family relied on that income, you can be awarded damages based on that lost source of income even though it is technically not from a job.
Lost Care
Another thing you can seek damages for is lost care the deceased would have provided. For example, if the deceased took care of an elderly relative, child, or disabled family member, that care being no longer available can be grounds for damages.
Emotional Damage
In addition to getting financial compensation for actual financial expenses and important tasks the deceased performed, you can also get damages for the intangible effects of losing a loved one. If you are experiencing mental anguish, emotional distress, or other hardships based on the loss of a loved one, you can work that into the amount you ask for in damages. Since every claim is different, this amount will vary from case to case. Thus, you should talk about your situation with our lawyers to determine what makes sense in your case.
Statutory Limitations in College Park, MD Wrongful Death Lawsuits
While you may want to take time to process things, grieve, and mourn, the reality is that the law will not let you do this forever. There are laws in place called statutes of limitations that determine the amount of time within which you can file a wrongful death lawsuit in Maryland. Per Md. Code, Cts. & Jud. Proc. Art., § 3-904(g), you have three years to bring your case starting from when the death takes place. After that time is up, courts will not hear your case, and you will not be able to get any damages. This restriction exists to make sure that the facts of the case are fresh in the minds of all parties involved and to ensure that lawsuits are pursued with some sense of urgency and not frivolous.
Three years may appear to be a long time, but the reality is that such an amount of time can pass very quickly.
Start the Legal Process with our College Park, MD Wrongful Death Lawyers Today
Our wrongful death lawyers can start working with you through the legal process when you call Rice, Murtha & Psoras at (410) 694-7291.