Few things can be more challenging and overwhelming than losing a loved one. This is especially true if another person’s negligence caused your loved one’s untimely death. Fortunately, you have the right to file a claim against the liable parties and fight for compensation. As a plaintiff on your loved one’s behalf, you may wonder what happens if you file a wrongful death claim. Who will receive the money stemming from your claim’s compensation? Our Maryland wrongful death attorneys from the Rice, Murtha & Psoras explain.
Who Receives Compensation in a Wrongful Death Claim in Maryland?
After a loved one’s death, the decedent’s estate or surviving family can file a claim against the liable parties. The plaintiffs can fight for compensation through a wrongful death lawsuit. This means that the decedent’s children, adopted children, spouses, and parents can be compensated for the loss of their loved one.
This differs from other types of personal injury claims where typically one party can get compensation for their losses. Wrongful death claims are very different in the sense that the person who had the cause of action against the liable parties has already passed. This leaves it up to their estate to carry on with their cause of action and fight for compensation against the liable party. It is always essential to hire an experienced Baltimore wrongful death lawyer who understands how the process works and what you can expect moving forward.
Should I Settle or Take My Wrongful Death Claim to Court in Maryland?
The decedent’s surviving family in a wrongful death claim can fight for compensation in two ways. Typically, a plaintiff can decide to either settle their case or litigate in a court of law. However, it is essential to understand how both processes work and which one can provide you with the best shot at fair compensation.
It is not uncommon for the decedent’s estate to receive a call from the liable party’s insurance company. In most cases, insurance companies make contact to try to settle your case. Settling your claim typically means they will provide you with compensation in exchange for avoiding further legal actions. However, you may ask whether this is the best way to proceed with your case.
The essential factor to consider when approaching a potential settlement is the insurance company does not hold your best interest in hand. Instead, they will try to protect their assets by avoiding paying what you may be otherwise entitled to. Over decades of experience, our Maryland personal injury attorneys have seen many cases where insurance companies provide low-ball offers. Many unsuspecting people may fall victim to these offers thinking that they are the best they could hope for. However, this is not necessarily the case.
One of the most effective ways to maximize your compensation is to take your case to court. Litigation allows you to hold the liable parties accountable and fight for better compensation. Nevertheless, it is critical to hire a knowledgeable Maryland wrongful death attorney who can guide you through this process.
Common Causes of Wrongful Death Claims in Maryland
Accidents can happen at any time and can be caused by many different things. In wrongful death cases, the victim can suffer a fatal accident caused by another person’s negligence. The following represent some of the leading causes of wrongful death in the U.S.
Car, truck, and motorcycle accidents are some of the leading causes of wrongful death in Maryland. Over the years, vehicular accidents of all kinds have claimed the lives of thousands of innocent people across the state. Speeding, drunk driving, and drowsy driving – among other actions – have been the leading causes of these crashes. Thousands of families have lost loved ones in deadly accidents caused by negligent drivers. All of these families have the opportunity to hold their respective liable parties accountable through wrongful death claims.
Over the years, defective products have led to many deaths. For many, the idea of getting hurt by a product they pick from the store may seem impossible. However, defectively-designed and manufactured products have caused many deaths in the U.S. As your loved one’s surviving family, you may have a cause of action against those responsible for your losses.
While it may seem impossible to believe, healthcare professionals are responsible for thousands of deaths in the U.S. every year. Many people may be confused about how they should act after a loved one passes away after a surgical process, misdiagnosis, or prescription medication overdose. Many believe suing a doctor may be impossible because their odds are against them. However, you can file a wrongful death claim against the doctor, hospital, nurse, or healthcare provider responsible for your loved one’s death.
How Long Do I Have to File a Wrongful Death Claim in Maryland?
While you may have the chance to file a claim against those liable for your loved one’s death, your filing time is limited. Every claimant has to meet the rules set forth by the statute of limitations. Under Maryland law, you have up to three years from the decedent’s death to file your claim. If you miss this deadline, you risk losing your chance to fight for compensation. For this and many other reasons, it is essential to hire an experienced Maryland wrongful death case referral attorney.
Wrongful Death Attorney Offering Free Consultations in Maryland
If you lost a loved one due to another person’s negligent actions or omissions in Maryland, we can help. Our Maryland and Baltimore personal injury attorneys from Rice, Murtha & Psoras have extensive experience handling these types of cases and can walk you through the process. We can fight aggressively and strategically to get the compensation you deserve for your losses. To learn more about our legal services in a free, confidential consultation, call our law offices today at (410) 694-7291.