Cumberland, MD Wrongful Death Lawyer

In the aftermath of a loved one’s traumatic and untimely death in Cumberland, our lawyers can help survivors hold at-fault parties accountable via wrongful death lawsuits.

When preparing your case in Cumberland, our attorneys will begin by confirming if the victim died because of a breach of duty of care and would have had cause to file an injury claim had they survived. If so, we can identify who among the victim’s survivors can bring and benefit from a claim. These typically include a victim’s spouse, children, or parents unless they do not have any living primary beneficiaries. To ensure your recovery, we will focus on preserving evidence, such as the victim’s medical records, surveillance footage, and witness statements. We can then use this evidence to convince the defendant to settle the case fairly out of court or to prove their liability to a jury if their case goes to trial in Cumberland.

Call Rice, Murtha & Psoras at (410) 694-7291 to get a free and confidential case assessment from our wrongful death lawyers.

Preparing Wrongful Death Claims in Cumberland, MD

Our lawyers can examine the circumstances surrounding the victim’s death to determine if another party owed them a duty of care and breached it. For example, if the victim died in a car accident in Cumberland, we would investigate to see if the other involved driver initiated the accident by acting negligently or recklessly.

When victims are no longer living to hold negligent parties accountable, their loved ones might do so in their place. In Maryland, a victim’s spouse, children, or parents can benefit from wrongful death lawsuits, according to Md. Code, Cts. & Jud. Proc. Art., § 3-904(a)(1).

Our wrongful death lawyers can prepare you and your family for the course your claim might take, explaining the pros and cons of settling versus going to trial and the possible compensation available in the case.

Claims must be prepared and filed before the deadline in Cumberland, which is three years under § 3-904(g)(1). Our lawyers can ensure that you do not miss the statute of limitations, as doing so would bar you and other beneficiaries from recovery.

Evidence to Use in Cumberland, MD Wrongful Death Lawsuits

To prove a defendant’s liability for a victim’s death, our lawyers must present compelling evidence, such as medical records, witness statements, and surveillance footage.

Medical Records

The victim’s medical records may show the cause of death, making them crucial evidence in a claim. We will need the victim’s medical records, whether they died immediately due to catastrophic injuries or succumbed to their injuries several days or weeks after the accident. Our lawyers can help victims’ families obtain and organize their medical records so that we can prove their injuries.

Witness Statements

When others witness wrongful deaths take place in Cumberland, their statements and testimony can prove liability. For example, if your loved one died in a car accident, our attorneys can refer to the incident report from the Cumberland Police Department to see if law enforcement spoke to eyewitnesses at the scene. If so, we can promptly contact witnesses and interview them to preserve their statements. An eyewitness’ first-hand account of what happened may align with the facts cited in your complaint, convincing the jury of the defendant’s liability. Because the victim is not living to testify themselves, eyewitness testimony is typically the next best thing.

Expert witnesses also help wrongful death claimants prove liability. Medical experts can explain how someone would likely sustain the injuries the victim died from, and accident reconstruction experts can review all of the evidence to determine what initiated the event.

Surveillance Footage

If there is security footage showing the accident happening and the at-fault party causing the victim’s death, our attorneys will seek to locate and obtain it immediately. To do this, we may contact local business owners or homeowners with security systems on their properties. If the victim died in a falling accident on someone else’s property, the property owner might have surveillance footage of the incident. In these situations, our lawyers might have to subpoena the footage to ensure it is not deleted or destroyed.

Negotiating Good Settlements for Wrongful Death Cases in Cumberland, MD

While many wrongful death cases ultimately settle out of court, survivors should not accept any proposals that leave them uncompensated for all losses due to the victim’s death.

Before entertaining settlement negotiations, our lawyers will identify all compensable losses, including economic and non-economic damages. Md. Code, Cts. & Jud. Proc. Art., § 11-108(2) caps non-economic damages in wrongful death claims with one beneficiary at $935,000. For cases with two or more beneficiaries, the limit increases by 150%.

Much of survivors’ damages in wrongful death cases are non-economic, and our lawyers will push for the greatest recovery for intangible damages during settlement negotiations. Identifying evidence to leverage over the defense during these discussions is important, which is why our attorneys will work to preserve evidence right after the victim’s death.

When negotiating with the opposing side, we can propose better agreements that would fairly compensate you and any other survivors in Cumberland. If the defense refuses to improve offers, even when faced with overwhelming evidence, you can take your case to court, where our lawyers will seek to prove liability to the jury.

Defendants whose gross negligence causes victims’ deaths might be liable for paying punitive damages as well. Punitive damages in Maryland wrongful death claims are unlimited, and juries might award these damages to survivors if the victim died because of the defendant’s willful or wanton disregard for their safety. For example, punitive damages might be available when victims die because of drunk driving car accidents in Cumberland.

Call Our Cumberland, MD Lawyers About Your Claim Now

Call Rice, Murtha & Psoras for a free case review from our wrongful death lawyers at (410) 694-729.