Gaithersburg, MD Wrongful Death Lawyer

Nothing in life can prepare you to face the challenges associated with losing a loved one. To make matters worse, you may be forced to deal with the fact your loved one died due to another person’s negligence. Between your loss, your mourning process, and your desire to hold the liable parties accountable, you may feel extremely overwhelmed. However, you do not have to face this difficult process alone.

Our Gaithersburg, MD wrongful death attorneys from Rice, Murtha & Psoras can help you hold the right parties liable and fight for your compensation. We will dedicate all of our efforts to fighting aggressively and strategically to get you justice for your loved one’s death. To learn more about our services in a free, confidential consultation, call our law offices today at (410) 694-7291.

What are the Main Causes of Death for Wrongful Death Lawsuits in Gaithersburg, MD?

Wrongful death happens when a person dies due to another person’s negligence. Unfortunately, accidental deaths caused by negligence occur frequently in the US – including in Gaithersburg, MD. Sadly, many things can lead to these catastrophic accidents. In our many years of experience, we have identified some of the leading causes of wrongful death in Gaithersburg, MD.

One of the common causes of wrongful death is car accidents. Every year, thousands of innocent drivers, passengers, and pedestrians die to another driver’s negligence. We have seen many cases where drivers have engaged in negligent actions such as drunk driving, speeding, and drugged driving, among others.

Another common cause of wrongful deaths in Gaithersburg, MD is defective products. While it may seem improbable, faulty products are responsible for thousands of injuries and deaths in the US. Unfortunately, Maryland is no stranger to this grim reality. Most of these tragic accidents happen due to manufacturer negligence, which provides you with the opportunity to file a claim.
Medical malpractice is another common cause of wrongful death in the US. Every year, thousands of people die due to negligence from their doctor, surgeon, anesthesiologist, or other healthcare provider.

No matter the circumstances leading to your loved one’s untimely death, you have the opportunity to file a wrongful death claim and hold any negligent parties accountable for your losses.

Limitations on Wrongful Death Claims in Gaithersburg, MD

Wrongful death claims are the way that a decedent’s surviving family can hold the liable parties responsible for their loved one’s passing and fight for compensation. However, there are limitations to wrongful death claims in Maryland. This means that all plaintiffs must prioritize these limitations to avoid risking compensation and the chance to bring the liable parties to justice. the following are some of the limitations you need to consider when filing a wrongful death claim.

Who Can Wrongful Death Claim?

Under Maryland law, the decedent’s beneficiaries can file a wrongful death claim. This means the decedent’s surviving spouse, children, and parents have a cause of action against those responsible for their loved ones’ death. Maryland law is clear in listing the only people who can file a wrongful death lawsuit. However, if a person dies without primary beneficiaries, the law allows secondary beneficiaries to file a wrongful death claim. Cousins, siblings, and nephews, and nieces can file a wrongful death claim as secondary beneficiaries. Our Gaithersburg, MD wrongful death attorneys can help you file your claim.

The Statute of Limitations

According to Maryland law, wrongful death claimants have up to three years from their loved one’s death to file their lawsuit. the statute of limitations sets this timeline. it is essential to act promptly and avoid neglecting this limitation. If your three-year window runs out, the court may refuse to hear your case. Three years may seem like a long time to file your claim, but time is essential when dealing with these particular cases. Wrongful death cases are often riddled with many details that need to be addressed before filing your claim. For this reason, you need to act as quickly as you can. Our Gaithersburg, MD wrongful death lawyers can help you file your claim on time.

Caps on Noneconomic Damages

Typically, wrongful death claims – which stem from personal injury law – compensate the decedent’s surviving family for their economic and noneconomic losses. There are no caps on the economic losses you may get in a wrongful death claim. This means all financial losses related to your loved one’s death can be compensated without restrictions. However, there are limitations to the amount of noneconomic compensation you can expect. This means things like pain and suffering cannot be compensated without restrictions. However, this doesn’t mean you can’t fight to get the maximum compensation available under Maryland law. Our Gaithersburg, MD wrongful death lawyers can help.

Elements to Prove a Wrongful Death Claim in Gaithersburg, MD

Wrongful death claims require you to prove negligence. This means you will need to provide evidence supporting the argument that the defendant’s negligence caused your loved one’s death. To achieve this, your attorney should be able to show the court the existence of four main elements. it is essential to provide all of the required evidence to avoid risking your case. the elements you will need to prove in your claim are the legal duty, breach, causation, and damages or losses.

The court will expect you to substantiate each of these elements in order to prove your case and prove how much compensation you are entitled to. If you can’t provide evidence to prove each of these elements, the court may not grant you compensation. If you are able to successfully prove your claim, the court may grant you the compensation to cover all of the losses you proved in your case. Our Gaithersburg, MD wrongful death attorneys can help you file your claim and protect your interests.