Silver Spring Wrongful Death Attorney

A wrongful death is a death that occurs because of someone else’s intentional or negligent conduct. There are many types of accidents that can produce wrongful deaths. Further, wrongful deaths may also result from criminal acts.

If your family member suffered a wrongful death, then you may recover monetary damages by filing a lawsuit against the at-fault party. After your free case review, the team at our law firm will evaluate the strength of your potential claim. We can offer thorough guidance and support during each step of the process for pursuing compensation.

Get help from our wrongful death lawyers by calling Rice, Murtha & Psoras at (410) 694-7291.

Survival Actions vs. Wrongful Death Lawsuits in Silver Spring, MD

After a wrongful death occurs, there are typically two different types of claims that victims’ families must consider. Thankfully, our wrongful death lawyers can help you determine whether you have grounds to file a wrongful death lawsuit and a survival action.

Wrongful Death Lawsuit

A wrongful death lawsuit and a survival action are distinct legal concepts that address different aspects of a person’s passing. A wrongful death lawsuit is a legal claim filed by the surviving family members or beneficiaries of an individual who has died due to the negligence, recklessness, or intentional misconduct of another party. In Maryland, the purpose of a wrongful death lawsuit is to seek compensation for the losses suffered by the surviving family members because of the death of their loved one.

One key characteristic of a wrongful death lawsuit is that it is brought on behalf of the surviving family members, such as spouses, children, or parents, who have suffered emotional and financial losses as a result of the deceased person’s death. For example, some damages that may be sought in wrongful death lawsuit may include the loss of financial support and the loss of marital care.

Survival Action

On the other hand, a survival action is a legal claim that arises from the personal injuries that the deceased person suffered before their death. Unlike a wrongful death lawsuit, which focuses on the losses experienced by the surviving family members, a survival action centers on the rights of the deceased person and their estate. In Maryland, a survival action allows the estate of the deceased person to pursue a legal claim that the deceased would have been entitled to bring if they had survived.

For example, damages sought in a survival action may include medical expenses, pain and suffering experienced by the deceased person before their death, property damage, and any other losses directly related to the injuries that led to their demise. The compensation recovered in a survival action becomes part of the deceased person’s estate and is distributed according to their will or Maryland’s intestate succession laws if there is no will.

Considering Settlement Offers in Silver Spring Wrongful Death Cases

If you file a wrongful death lawsuit or a survival action in Maryland, the defendant will likely present you with a settlement offer at some point before trial. If you accept and enter into a settlement agreement, then you will receive a specific sum of damages in exchange for the voluntary dismissal of your claim. There are potential advantages to reaching a settlement agreement. For instance, plaintiffs who settle early may acquire payment more quickly. Further, they may save on certain expenses that would be incurred at trial.

Still, defendants in wrongful death lawsuits and survival actions often attempt to settle for less than their cases are truly worth. Support from our legal team can be very helpful when considering any settlement offers made in your case. We can help you confidently decide whether settling early or going to trial is best for you.

Potential Causes of Wrongful Deaths in Silver Spring, MD

There are multiple potential causes of wrongful deaths. If a loved one died because they suffered any of the following, then our legal professionals will review your case and explain the appropriate steps to take:

Car Accidents

Wrongful deaths in Maryland often result from car accidents, which may be caused by factors such as reckless driving, speeding, or impaired driving. These incidents can lead to devastating consequences for families who lose a loved one in a collision.

Motorcycle Accidents

Many victims of motorcycle accidents suffer wrongful deaths. Riders are vulnerable on the road, and accidents involving motorcycles are frequently caused by factors like distracted driving, failure to yield, or inadequate road maintenance.

Truck Accidents

Truck accidents are also a common cause of wrongful deaths. Factors such as driver fatigue, improper loading, and inadequate vehicle maintenance often contribute to these tragic incidents, causing irreparable harm to families of those involved.

Pedestrian Accidents

Fatal pedestrian accidents often occur because of drivers failing to yield, distracted driving, or speeding. Many of these deadly collisions occur during periods of high traffic congestion or poor weather.

Slip and Fall Accidents

Property owners have a responsibility to maintain safe premises. Wrongful deaths resulting from slip and fall accidents may occur when property owners neglect to address hazards such as wet floors, uneven surfaces, or inadequate lighting, leading to fatal consequences for the victim.

Defective Products

Fatalities caused by defective products highlight the importance of product safety. Whether it’s a malfunctioning automobile part, a faulty medical device, or a dangerous consumer product, the consequences can be severe and, in some cases, fatal.

Construction Site Accidents

Construction sites can be hazardous, and fatalities may occur because of falls, equipment malfunctions, or inadequate safety measures. Families facing the loss of a loved one due to a construction site accident may seek legal recourse to address the negligence that led to the tragedy.

Medical Malpractice

Wrongful deaths because of medical malpractice can result from errors such as misdiagnosis, surgical mistakes, or medication errors. Our legal team can help families of medical malpractice victims seek justice and compensation.