Waldorf Wrongful Death Lawyer

If you believe that your loved one died because of a negligent or intentional wrongful act, we can help you bring a claim to get justice on their behalf.

Deaths caused by another person’s negligence are cause to file lawsuits in Waldorf. Our attorneys will look into the circumstances of a victim’s death to identify the negligent party or parties responsible. Generally speaking, only certain surviving family members, like spouses, parents, and children, can bring and benefit from wrongful death lawsuits in Maryland. While the statute of limitations for these claims is typically three years, there are certain exceptions, such as for cases involving deaths from occupational diseases or those resulting from criminal homicide. We can identify which filing timeline applies to your case so that you bring your claim within the statute of limitations in Waldorf.

Call Rice, Murtha & Psoras at (410) 694-7291 to schedule a free and confidential case review with our Waldorf, MD wrongful death lawyers.

Investigating Wrongful Deaths Due to Negligence in Waldorf, MD

If your loved one recently died because of the negligence of another person or entity, you might be able to bring a claim against the at-fault party for wrongful death. To do this, our attorneys will investigate the circumstances surrounding the victim’s death to confirm whether or not someone else is to blame.

A loved one’s untimely and unexpected death can be shocking. At first, you might not assume that another party contributed to their death in any way. For example, suppose your parent was injured in a workplace accident several months ago. If they succumbed to their injuries, but you were unaware that those injuries were the cause of their death, you might not consider holding their employer or another party accountable. Thoroughly investigating untimely deaths, especially when preceded by accidents, is necessary to uncover whether or not another party is liable in Waldorf.

When performing this investigation, our wrongful death lawyers will review the victim’s medical records leading up to their death. If the victim died during an accident, like a car accident, we will focus our investigation on uncovering evidence of the at-fault driver’s negligence. While evidence in wrongful death claims can vary, it will often include a victim’s medical records, as well as incident reports and witness statements.

Possible Beneficiaries of Wrongful Death Claims in Waldorf, MD

Only certain family members can bring wrongful death claims and recover compensation from these types of lawsuits in Waldorf.

According to Md. Code, Cts. & Jud. Proc. Art., § 3-904(a)(1), damages in wrongful death claims must first be awarded to the victim’s spouse, parent, or child in most cases. If a primary beneficiary is not living to bring a claim, a secondary beneficiary, such as a sibling or cousin, could. We can review your relationship with the victim to confirm whether or not you can file a claim in Waldorf.

In claims involving the death of a spouse, minor child, or parent of a minor child, damages will not be limited to pecuniary losses, according to Md. Code, Cts. & Jud. Proc. Art., § 3-904(d). This means that survivors in these cases can recover for various non-economic losses, such as mental anguish, loss of companionship, emotional pain and suffering, and more. Such damages may also be available in cases involving the death of an unmarried adult child, provided certain criteria are met.

In addition to bringing a wrongful death action, you might be able to file a survival action in Waldorf. This will deal with losses to the decedent’s estate, such as medical expenses prior to their death and funeral expenses. A survival action might also compensate the decedent’s estate for any pain and suffering they experienced before they died as a result of the defendant’s negligence.

Statute of Limitations for Your Wrongful Death Lawsuit in Waldorf, MD

Generally speaking, wrongful death suits must be brought within three years of a victim’s death in Waldorf. There are some specific circumstances when that might change.

If a victim died as a result of an occupational disease, the surviving family can bring a claim within ten years of the time of death or within three years of the date when the cause of death was known, whichever is shorter, according to Md. Code, Cts. & Jud. Proc. Art., § 3-904(g)(2). So, if the reason for your loved one’s death was an occupational disease, but you did not learn that that was the cause until many years after they died, you will have three years from that point in time to sue.

There are also exceptions for wrongful deaths involving criminal homicide. In such situations, the cause of action will accrue when the plaintiff should have reasonably known the identity of the person responsible for their loved one’s death. For example, if the at-fault party has been charged with homicide in regard to the victim’s death, the cause of action will accrue on that date. While the statute of limitations will still be three years, the accrual date differs, according to Md. Code, Cts. & Jud. Proc. Art., § 3-904(g)(3). We can identify the accrual date for your claim so that you can file on time.

Knowing the correct filing deadline for your case will be necessary if you wish to get justice for your loved one in Waldorf. Failing to file by the end of the statute of limitations will make you ineligible to file a lawsuit. After reviewing your case, our attorneys will determine the timeline that applies to your claim and proceed accordingly. Wrongful death claims are often most successful when they are brought as soon as possible, regardless of which statute of limitations applies.

Call Our Waldorf, MD Attorneys About Your Wrongful Death Case

By calling Rice, Murtha & Psoras at (410) 694-7291, you can set up a free assessment of your case from our wrongful death lawyers.