Nothing can prepare you for the tragic loss of a loved one. This is especially true when your loved one’s death happened due to another person’s negligence. Fortunately, you may have the opportunity to file a claim and fight for compensation. Our Edgewood, MD, wrongful death attorneys can help you.
While no amount of compensation can bring your loved one back, fighting against the liable parties can help you get much-needed closure. Thanks to decades of hands-on experience handling countless personal injury cases, our Edgewood, MD wrongful death lawyers can help you fight for the compensation you and your loved ones deserve. To learn more about our legal services in a free, confidential consultation, call our law offices today at (410) 694-7291.
Who Can File a Wrongful Death Claim in Edgewood, MD?
Wrongful death can be defined as a person’s untimely death caused by another’s negligent, reckless, or careless acts or omissions. Typically, the decedent’s family or estate can file what is known as a wrongful death claim and fight for compensation. Under Maryland law, the decedent’s spouse, children, and parents can file a wrongful death claim. These people are known as primary beneficiaries.
If the decedent has no primary beneficiaries, their brothers, sisters, nieces, nephews, and cousins can act as secondary beneficiaries. It is essential to note that the primary beneficiaries’ claims take precedence over any other claims from the secondary beneficiaries. It is always in your best interest to hire an experienced wrongful death claim lawyer to help you with this type of case. Our Edgewood, MD wrongful death attorneys can guide you and help you fight for compensation.
Understanding the Difference Between Wrongful Death and Survival Actions
The first thing to understand from the outset is that “wrongful death” claims and “survival actions” are two independent legal claims. Many people often confuse both these terms because they are both related to their loved one’s death and are often filed together. However, there are key differences between these two kinds of claims.
A wrongful death claim’s purpose is to compensate the family for their loss. For instance, if children lost their parents during a truck crash, a wrongful death claim can help them get compensation for the pain and suffering associated with their loss. Additionally, they may get additional compensation to cover the expected financial assistance their parents would have contributed during their life expectancy. The compensation the surviving estate can expect consists of both economic and non-economic damages.
Conversely, a survival action compensates the decedent. This may seem impossible since the one entitled to sue is dead. However, under Maryland law, the right to a cause of action does not end with a person’s death. Instead, the decedent’s surviving estate can sue for them, allowing the pursuit of compensation as if the decedent was still alive. In this scenario, the surviving estate can file a survival action to fight for the compensation their loved one would have gotten had they survived the accident. This compensation can help cover things such as the decedent’s medical expenses, lost wages, and pain and suffering at the end of their life.
Dealing with these claims can be challenging, especially if you have never dealt with these types of claims. However, our Edgewood, MD wrongful death attorneys can help you fight for the compensation you and your loved ones deserve.
Filing a Wrongful Death Claim in Edgewood, MD
There are very specific laws governing the filing, litigation, and resolution of wrongful death claims in Maryland. Inexperienced plaintiffs should not try to take on these cases on their own. It is always in your best interest to hire an experienced wrongful death attorney who can guide you and help you make an informed decision in your case.
Holding the liable parties accountable for your loss requires in-depth knowledge of all the rules, requirements, and regulations governing wrongful death claims. Our attorneys can help you file your lawsuit and prevent legal pitfalls that may prevent you from recovering what you are entitled to.
When filing a personal injury claim, it is essential to understand that there is a limited time to submit your lawsuit. The law that sets this time limit is known as the statute of limitations. According to this legal statute, all claimants – or “plaintiffs” – in a wrongful death claim have up to three years from their loved one’s death to file their claim. If you miss this deadline, you may risk losing your right to compensation.
After filing your claim within the statute of limitations, you will need to prove the liable party’s negligence, which is the main element in every personal injury claim. To prove negligence, you will need to provide evidence supporting your claim that the defendant’s negligence led to your loved one’s death and your losses.
There are four elements you will need to show in your wrongful death claim: the existence of a legal duty, a breach of that duty, causation, and damages. Our attorneys can help you with these requirements and help you fight for your compensation.
How Much Compensation Can I Expect from My Wrongful Death Claim in Edgewood, MD?
Every wrongful death case is unique, and each has different sets of circumstances that may impact the amount of compensation you can expect. The court will typically look at your economic and non-economic losses to determine how much compensation should be awarded in your case. Unfortunately, there is no set formula to reach a specific number. However, your attorney can sit with you, analyze your case, and help you understand what you may expect from your unique claim. Our Edgewood, MD wrongful death lawyers can help you with this and other legal matters related to your wrongful death claim.
Edgewood, MD Wrongful Death Lawyers Offering Free Consultations
If you lost a loved one due to another person’s negligence, our Maryland personal injury lawyers can help. At Rice, Murtha & Psoras, we are aware of the challenges your family may face after your loved one’s untimely death. Our Edgewood, MD wrongful death lawyers can help you hold the liable parties accountable and fight for the compensation you and your family deserve. To learn more about our legal services in a free, confidential consultation, call our law offices today at (410) 694-7291.