Middle River Wrongful Death Lawyer
When another person’s negligent act turns your world upside down and kills someone you love, you can hold them accountable by filing a lawsuit in Middle River.
Wrongful death suits are for the sole benefit of a victim’s children, spouse, and parents unless they have no living primary beneficiaries. In that case, any other living relative who was considerably dependent on the victim could sue the at-fault party. Regardless of who the plaintiff is, they will most likely only have three years to file a lawsuit. Beneficiaries can recover various damages in Middle River, including compensation for financial losses and pain and suffering. Preparing a strong claim is important, so starting to investigate the case and gather evidence of negligence immediately is crucial.
Call Rice, Murtha & Psoras’ Middle River wrongful death lawyers at (410) 694-7291 for a free case analysis.
Possible Beneficiaries of Wrongful Death Lawsuits in Middle River
Only certain persons can benefit from wrongful death cases in Middle River. We can figure out who among a victim’s survivors can bring a claim and benefit from one.
Typically, compensation awarded in lawsuits for wrongful deaths is for the sole benefit of a victim’s spouse, children, and parents, according to Md. Code, Cts. & Jud. Proc. Art., § 3-904(a)(1). However, if a parent has certain criminal convictions or caused the death of the victim in question, they cannot recover damages from a wrongful death claim.
If a victim has no survivors who qualify for recovery because they do not have a living child, spouse, or parent, any relative who was significantly dependent on the victim could bring a claim.
Our lawyers can explain how compensation awarded in these types of cases is distributed among beneficiaries so that you and any other eligible survivors can prepare for potential recoveries.
Statute of Limitations for Middle River Wrongful Death Lawsuits
Depending on the circumstances of the claim, wrongful death filing deadlines vary. Our lawyers can confirm if the typical statute of limitations applies to your case or if you qualify for tolling or other exceptions.
Under Md. Code, Cts. & Jud. Proc. Art., § 3-904(g)(1), plaintiffs must file claims for wrongful death within three years of a person’s death. For example, if a negligent driver hurt a victim in an accident and the victim died from their injuries months later, the date of accrual would be the date of their death and not the date of the accident that eventually caused their death.
If exposure to a toxic substance in the workplace causes a victim’s untimely death, the plaintiff must bring a claim within ten years of the victim’s death or three years of the date of discovery, whichever comes sooner.
If your loved one’s death was a homicide, the accrual date would be when you should have reasonably known the identity of the person responsible for the victim’s death. For example, that might be when they are arrested and charged with crimes related to a victim’s wrongful death. You would have three years from that date to file your case.
Possible Damages in Middle River Wrongful Death Cases
Although financial recovery may not be the main reason for bringing a wrongful death case, you will receive an award after proving the defendant’s fault. The exact amount of compensation you will recover will depend on the specifics of your case in Middle River.
For the death of a spouse, minor child, parent of a minor child, or certain unmarried adult children, beneficiaries are not limited to financial damages, according to Md. Code, Cts. & Jud. Proc. Art., § 3-904(d). In such cases, beneficiaries can recover compensation for mental anguish, emotional pain and suffering, and loss of companionship, comfort, marital care, parental care, and protection, among other intangible damages.
Despite being able to recover non-economic damages in Middle River, survivors’ recoveries will be capped. Under Md. Code, Cts. & Jud. Proc. Art., § 11-108(b)(2), the current limit on pain and suffering in wrongful death lawsuits with one survivor is $935,000. In claims with two or more survivors, the cap is 150% of that amount.
Preparing a Wrongful Death Suit for Success in Middle River
Proper preparation is crucial for you to win your wrongful death suit in Middle River. We can start preparing your case immediately to avoid losing crucial time or evidence.
The first thing our wrongful death lawyers must do is gain a deeper understanding of the circumstances surrounding the incident. Were there witnesses? Who was present at the scene? Did the police come? Did the victim die immediately, or did they succumb to their injuries days, weeks, or months later? Answering these questions will allow us to create a foundation for your claim, on which we can start building the case we ultimately present to the jury if your lawsuit goes to trial.
We may also need any evidence you have that could help. For example, if you have photos of the victim’s injuries before their death, medical records, medical bills, or other proof of damages, give them to our lawyers. We can review all of this information to determine what is relevant to your case.
Other useful evidence in these types of lawsuits includes eyewitness statements, expert witness statements, and video footage. The sooner we start investigating the death, the more likely we are to get useful statements from eyewitnesses. Wait too long to interview eyewitnesses, and they might forget what they saw.
Once we are confident in your case, we can help you file a complaint with the court. This document will note important information about the defendant’s actions and your desired damages. The defendant will then be served, and settlement negotiations or a trial will follow.
Call Our Lawyers in Middle River Now
Call our wrongful death lawyers at (410) 694-7291 for a free case review from Rice, Murtha & Psoras.