When someone dies as a result of another person’s negligence or misconduct, the victim’s loved ones may have cause to file a wrongful death lawsuit. A wrongful death case has many similarities to a criminal murder trial, but there is a lower burden of proof. the O.J. Simpson case demonstrated this principle. A criminal jury acquitted Simpson of murder; however, he was found liable for the deaths of Nicole Brown Simpson and Ronald Goldman in a civil case and ordered to pay damages to the victims’ families.
If you believe you have reason to file a wrongful death suit, there are several important factors that your attorney must evaluate.
How to Determine If Wrongful Death Applies
Maryland, like every state, has wrongful death laws on the books. Your first step is determining whether or not a wrongful death claim applies to your situation. Here are some examples of wrongful death scenarios:
- Someone dies as a result of injuries in a car accident where the other driver was at fault.
- A doctor is negligent in caring for someone, and that person dies as a result.
- A corporation manufactures a medication or product that malfunctions in some way, causing someone’s death.
- A government agency fails to exercise appropriate oversight and someone dies as a result of that negligence.
If a person or entity failed to act in a way that a reasonable person would be expected to act, or intentionally acted negligently, it could be considered grounds for accidental death.
Identify Who Has Standing to File a Wrongful Death Claim
In Maryland, there are strict rules about who may file a wrongful death claim. In general, there are two categories of individuals who may qualify: primary and secondary beneficiaries. Both of these categories include relatives who survived the deceased, which is why wrongful death lawsuits are sometimes referred to as survival claims. Here is a closer look at the two types of beneficiaries:
- Primary beneficiaries are the surviving parents, children, and spouse of the person who died. A primary beneficiary may file a wrongful death or survival claim, and any damages are awarded solely to the primary beneficiaries.
- Secondary beneficiaries are the surviving siblings, nieces and nephews, cousins, and other relatives of the deceased. Usually, secondary beneficiaries bring wrongful death or survival claims on behalf of the estate if there are no primary beneficiaries alive or willing to bring suit.
Check the Statute of Limitations
In Maryland, the law clearly states the time frame when a wrongful death claim may be filed. A Baltimore wrongful death or survival claim must be filed within three years from the date of the victim’s death. It’s important to note that in the event of wrongful death caused by medical malpractice, the statute of limitations runs from the date of death. it does not date back to the time that a misdiagnosis or medical error occurred. Any suits filed more than three years after a victim’s death will be likely thrown out after a hearing.
Find Out Who Can Be Sued for A Death
Your Baltimore wrongful death lawyer will help you determine everyone who may be at fault and liable for damages in a wrongful death case. Consider the case of a fatal accident involving a drunk driver who was operating a commercial truck. In this example, the truck had faulty brakes and was traveling on a poorly lit municipal bridge. In a case like this, any or all of the following parties may be named in a wrongful death suit
- The owner of the truck or the truck driver’s employer.
- The owner of the bar where the driver was drinking.
- The bartender who served the impaired driver.
- The truck manufacturer that made the vehicle with faulty brakes.
- The city was negligent in providing adequate lighting on the bridge.
- The doctor who treated the victim and failed to provide appropriate life-saving care.
Calculate the Amount of Damages in Your Death or Survival Claim
In Maryland, there are several categories that may apply to a wrongful death or survival claim:
Estate
- Medical bills for the victim’s final illness or injury
- Funeral and burial expenses
- Property damage costs
- Damages that account for the deceased’s pain and suffering
Survivors
- The deceased’s lost wages and future income projections
- Damages that account for the loss of the deceased’s care and/or companionship
Maryland caps non-economic damages (damages that cannot be calculated using receipts for actual expenses) in wrongful death suits. For two or more claimants, the cap is doubled, with increases every year.
Know What You Need to Prove in a Maryland Death Case
In order to successfully pursue a wrongful death case, you and your lawyer must be able to prove all of the following things:
- The victim is dead.
- Death can be directly connected to some action or negligence by the defendant.
- The victim’s death caused harm to you, the plaintiff, whether through pain and suffering or actual economic loss.
- You qualify as a beneficiary under Maryland’s wrongful death law.
- The case falls within the statute of limitations.
The Process of Filing a Wrongful Death Lawsuit
Once you have all of the information you need about who can file, who they will file against, whether the elements of the case are met, whether you still have time to sue, and how much the case is worth, it is time to actually let the rubber meet the road and file your case.
Filing and Initial Motions
The initial steps of filing require our wrongful death lawyers to file a complaint with the court and serve the defendant with a copy of the complaint to get the case started. In this complaint, we lay out all of the information discussed above, including your grounds to sue, the actual description of what happened to cause your loved one’s death, evidence and arguments as to why this particular person or entity is at fault, and how much you are asking for in damages.
The court will give time for the defendant to respond, and some cases are won or lost on the initial filing and the defendant’s response. If you did not have a strong case, it is possible the defense could ask for it to be thrown out, and the judge will have to agree if the burden could not possibly be met on the facts you presented or if the case is actually time-barred. Otherwise, the case will move forward.
There may be other pretrial motions involved in your case, depending on what issues are being debated. Sometimes certain facts are not in debate, and the questions instead focus on the legal duties and responsibilities of both parties. For example, a doctor might acknowledge that something went wrong during surgery, but they might argue there was nothing they could have done to save the patient or prevent the complication. Courts may narrow the issues and only put certain questions before the jury.
Courts may also deal with certain legal questions about evidence or procedure at this stage, too.
Discovery
Trials are not based on who can collect the most evidence. Instead, both sides actually need to share evidence and turn over everything they plan on presenting so that the other side has a fair chance to examine it. This “discovery” stage also gives us the chance to request evidence that might be in the defendant’s control, such as records, footage, or reports. We can also send them “interrogatories” to ask questions they must answer truthfully, and we can depose witnesses to essentially get their testimony recorded ahead of time.
After discovery, both sides have a good view of the relative strength of their cases, and most cases can be settled. If they know they will lose, the defense usually will not continue fighting through trial, and they will try to make a deal that saves them from the expense of putting on a losing trial.
Additional Motions and Pretrial Conferences
If we get through discovery with no settlement, we are likely going to go to trial. This might mean there are additional motions and issues to settle, such as whether certain statements or bits of evidence will be allowed, what jury instructions will be used, and other technical, legal, and procedural issues our lawyers can take care of.
At this stage, the judge might also order pretrial conferences and negotiations to try to push the parties into settlement before trial. It is generally cheaper and easier for the courts if there is a settlement, and many judges even push for mediation and outside help to try to get to a settlement. Mediation might not be optional, but nothing that comes out of the meetings is binding unless you sign a finalized settlement agreement. We can always walk away and continue on to trial if that is what is best.
Trial
If there is no settlement, the case is scheduled for trial. We go through jury selection first, weeding out jurors who might be biased against you or who have actual knowledge about the case at hand. Once a jury is empaneled, trial starts.
The plaintiffs go first, and we explain to the jury in our opening statements what evidence they will see and that we are asking them to find that the defendant was responsible for your loved one’s death. The defense will go next, asking for the opposite: a finding that they are not liable. Both sides will then present evidence and witnesses, the opposing side will cross-examine their witnesses, and we will move to closing arguments. At this stage, we sum everything up and explain our arguments as to why the facts and evidence presented put the defendant at fault.
The jury then deliberates – but we can still potentially negotiate for a settlement all the way up to the time the verdict is handed down. These “courthouse steps settlements” can still end the case before the jury finalizes their decision. Once they do reach a verdict, the judge hands it down and orders payment, which we can then work toward collecting over the next few weeks or months.
Choose an Experienced Baltimore Fatal Injury Lawyer
Maryland’s wrongful death law is not simply a variation of personal injury law. the statutes are based on legal precedents that date back to 1852 when Maryland enacted wrongful death statutes. Therefore, you need to ensure that your Baltimore wrongful death lawyer has the knowledge and experience to successfully pursue your case. You only have one chance to collect damages from the person or persons responsible for your loved one’s death. Attorney Randolph Rice understands that sense of urgency and has the experience necessary to present the strongest possible wrongful death case on your behalf. Wrongful death cases can take anywhere from months to years to settle, it is important to have a lawyer for every step of the process.
If you believe your loved one died as a result of a careless driver, a negligent doctor, or a faulty medication or consumer product, protect your rights and call an experienced Baltimore death lawyer before your window of opportunity expires. the Rice Law has been successfully fighting for victims of wrongful death and their loved ones for many years. Mr. Rice, a former Assistant State’s Attorney, is recognized by Super Lawyers and received a superb ranking by Avvo, a legal consumer website. He will be able to advise you on the particulars of your case and fight to get you the money you deserve. Call him for a consultation today at (443) 232-9976.