Milford Mill Wrongful Death Lawyer

When accidents due to negligence turn fatal in Milford Mill, survivors can get justice by filing wrongful death lawsuits.

The “who” of wrongful death claims is actually several people or parties: the victim, the defendant, and the plaintiff. The defendant will be the person who caused the victim’s death, and the plaintiff will be someone who survived the victim, like their spouse or parent. We can then move on to the “what,” which is the matter at hand, whether or not the defendant caused the victim’s death. The “when” of these claims is the statute of limitations, which is how long you have to file your case. In Milford Mill, that is three years from the victim’s death. The “where” is the jurisdiction and venue. Plaintiffs who bring claims in the wrong court might not recover compensation. Finally, the “why” is the reason you should sue, which is to get justice on behalf of your deceased loved one and get compensation for recoverable losses.

Call our Milford Mill wrongful death lawyers of Rice, Murtha & Psoras for a confidential and free case assessment at (410) 694-7291.

The Who, What, When, Where, and Why of Wrongful Death Lawsuits in Milford Mill

Breaking down wrongful death claims into the “who,” “what,” “when,” “where,” and “why” can make approaching these cases easier for survivors in Milford Mill. Our attorneys can take you through each step of the litigation process so that you feel comfortable pursuing compensation against the negligent party responsible for a loved one’s untimely and unexpected death.

Who

There are a few people and parties involved in wrongful death lawsuits. First, there is the victim who died due to negligence. In order for you to file a lawsuit for wrongful death, the victim must have had reason to sue the liable party had they lived. For instance, if they died in a car accident because of a head injury, they could have sued the negligent driver for damages had they survived.

Then, there is the negligent party, the defendant against whom you will file your claim. Our wrongful death lawyers can carefully review the accident in question and gather evidence that confirms the identity of the liable person or entity.

Finally, there is the plaintiff. In Maryland, victims’ spouses, children, or parents can file wrongful death suits. If no primary beneficiaries are living, secondary beneficiaries may bring a claim. A secondary beneficiary could be anyone related to a victim by blood or marriage who was also substantially dependent on the victim.

What

The main focus of your claim will be what the negligent party did exactly to cause the victim’s death. For instance, if a doctor left a foreign object behind during surgery, and that object caused an infection that led to the victim’s untimely death, we would have to show how that came about. To prove fault, we will need various pieces of evidence. Often, a decedent’s medical records can show injuries sustained before death or the reason for death. On top of medical records, we can get experts to testify regarding some more complicated matters of your case. If a car crash killed a victim, an accident reconstruction expert could assess the available evidence and work backward to determine the reason for the accident.

When

When exactly you bring your case will depend on a few factors. That said, the ultimate deadline to sue for death due to negligence is three years in most cases under Md. Code, Cts. & Jud. Proc. Art., § 3-904(g)(1). When victims die because of specific occupational diseases, the statute of limitations is ten years from the date of death or three years from the date the cause of death was discovered, whichever is shorter. Furthermore, if the defendant is charged with crimes concerning the decedent’s death, the accrual date of the statute of limitations might differ.

While plaintiffs have three years from the date of death to bring a lawsuit, they should not intentionally wait that long to file. Delaying your case for any unnecessary reason could result in complications. If you wait to have our lawyers investigate the accident that killed the victim, certain evidence might get destroyed or otherwise become inaccessible. When survivors act quickly following a victim’s death, our attorneys will work to obtain and preserve crucial evidence that could prove the defendant’s liability for the victim’s death.

Where

The “where” concerns the jurisdiction and venue of your case. It is important to file your lawsuit with the right court; otherwise, your case could be dismissed. Because Milford Mill is in Baltimore County, you would likely file your claim in civil court there.

After you file your case, you can negotiate a settlement with the defense with help from our attorneys. At the start of settlement negotiations, we can explain our request for damages and leverage evidence to convince the opposing side to settle at a fair amount. If you do not settle, you can take your case to court.

Our attorneys will present our arguments and evidence in court, and the defense will do the same. At a trial, our goal will be to prove the defendant is more than likely responsible for the victim’s death and, by extension, the damages to your family. The jury will then decide fault and award and distribute damages to survivors accordingly.

Why

The “why” is your reason to sue, the primary one being able to get justice for your deceased loved one. On top of holding a negligent party liable, we will also consider your damages, for which you can receive compensation in your claim. Damages in Milford Mill wrongful death lawsuits can cover losses related to a victim’s death, like their medical bills. Furthermore, survivors can recover costs associated with funeral and burial expenses, as well as certain non-economic damages, such as loss of parental support or emotional distress.

Call Our Milford Mill Lawyers to Discuss Your Case

Call Rice, Murtha & Psoras today at (410) 694-7291 and discuss your case for free with our wrongful death lawyers.