Few moments in life can be more painful and challenging than finding out your loved one lost their life due to another person’s negligence. This is the sad reality thousands of Maryland residents have to go through every year. Fortunately, the decedent’s surviving family may have the chance to file a wrongful death claim to fight for compensation.
At Rice, Murtha & Psoras, we have the necessary experience, skill, and dedication to handle these cases effectively. We will work tirelessly to hold the liable parties accountable for your loved one’s untimely death. To learn more about our services in a free, confidential consultation, call our law offices today at (410) 694-7291.
Owings Mills Wrongful Death Laws
Accidental deaths are sadly part of our lives. These deaths can happen anywhere without prior notice. However, most of these catastrophic accidents commonly occur due to someone else’s negligent actions or omissions. Negligence is the most important element that may give rise to a cause of action based on wrongful death. Wrongful death lawsuits stem from personal injury law, which looks to compensate people who have suffered losses due to another party’s negligence – the failure to follow a legal duty. According to Maryland law, a wrongful death is one that happens as a result of an individual’s death because of another person’s actions or omissions.
The surviving spouse, children, or parents can file a wrongful death claim and fight for compensation. If none of those people are available, the cause of action can be brought by another relative (by blood or marriage) who depended heavily on the decedent.
What Compensation Can I Recover from a Wrongful Death Claim in Owings Mills, MD?
As the decedent’s surviving family, you can get compensation for your losses. Typically, a wrongful death claim can compensate for economic and non-economic damages. Economic damages are those that have monetary values associated with them. Common examples of economic damages include things such as the medical expenses your loved one faced in while alive or funeral and burial expenses after their death.
Conversely, non-economic damages are more subjective, making them difficult to calculate and determine. Nevertheless, they can be compensated after evaluating the specific circumstances of your case. Common examples of non-economic damages include pain and suffering, loss of companionship, and loss of consortium.
The amount of compensation you can get from your claim is something the court decides on a case-by-case basis. Every wrongful death claim is different, and your compensation can change based on your situation. Our Owings Mills, MD wrongful death lawyers can help you claim the full value of compensation that you deserve for the loss of your loved one.
Elements of a Wrongful Death Claim in Owings Mills
Like in any other personal injury case, the plaintiff has the burden of proving the defendant’s negligence in a wrongful death lawsuit. Without this, you would not have a cause of action, and the court may not hear your case. Our Owings Mills, MD wrongful death attorneys understand how personal injury law works and are ready to provide you with the legal services needed to prove your case.
The first element you will need to prove is some legal duty that the defendant owed your deceased loved one. Everyone in society owes various legal obligations to behave as prudent, reasonable people. This first element can be shown by providing evidence of the defendant’s legal obligation in this particular situation. For instance, you may establish that the defendant owed your loved one a duty to drive reasonably and follow traffic laws.
The next element you must show is the breach of legal duty. The court will expect you to provide evidence showing that the defendant deviated from their legal obligation to behave as a prudent, reasonable person. For example, you can provide evidence showing that the defendant engaged in negligent behavior such as speeding, drunk driving, or distracted driving.
The third element is known as causation, and it requires you to demonstrate there the defendant’s actions or inactions actually caused your loved one’s wrongful death. Our Owings Mills wrongful death attorneys can help you with this matter.
Finally, you will need to show all of the losses you experienced as a result of your loved one’s death. After considering your case, the court may grant you the compensation to cover all of your losses.
The Statute of Limitations for a Wrongful Death Claim in Owings Mills
All claimants in a wrongful death lawsuit have a limited time to make their filing with the court. This is known as the statute of limitations. Under Maryland law, a plaintiff has up to three years from their loved one’s death to file their wrongful death claim. This may seem like enough time to decide whether to fight for your compensation, but there are often problems that delay cases.
Acting quickly can help you protect your right to fight for compensation. If your statute of limitations runs out, you may be left without legal recourse. It is always in your best interest to hire an experienced Owings Mills, MD wrongful death lawyer who can help you through this challenging time.
Owings Mills, MD Wrongful Death Lawyer Offering Free Consultations
If you lost a loved one due to the negligent actions or omissions of another person, we can help. Our Owings Mills, MD wrongful death lawyers can help you fight aggressively to get the compensation you deserve. We are aware no compensation can ever replace your loved one, but it can help you get a sense of closure and help your family move forward. We will dedicate all of our efforts and resources to holding the liable parties accountable for all of your losses. To learn more about our services in a free, confidential consultation with our Maryland personal injury lawyer, call Rice, Murtha & Psoras today at (410) 694-7291.