Filing a Prince George’s County Wrongful Death Action
When you lose a loved one because someone else acted in an irresponsible or illegal way, you may have many questions about what rights you have under state law to file suit against the person responsible for your family’s immense loss. As is the case with most legal matters, though, those questions can be more challenging to answer than you might expect since every case—as well as the exact approach courts take to every case—is unique.
Even if you are not sure whether you want to add civil litigation to your plate in the wake of such an incomparable tragedy, it can still be helpful to know the basics about filing a Prince George’s County wrongful death action. If you decide to proceed with a claim, guidance from a compassionate wrongful death attorney could be essential to achieving the best possible resolution.
Who Has Standing to File a Wrongful Death Claim?
Maryland state law refers to people who have standing to recover compensation through a successful wrongful death action as “beneficiaries.” Even if a specific beneficiary does not wish to participate in or recover through the claim, state law still requires that they be named in any lawsuit pursued by other beneficiaries.
The law further divides beneficiaries into “primary beneficiaries” and “secondary beneficiaries.” Primary beneficiaries include the decedent’s spouse at the time of their death, children, and parents. These individuals are given first filing priority and are entitled to recover compensation through any wrongful death claim that any primary beneficiary pursues.
Secondary beneficiaries can generally only file suit over wrongful death if there is no primary beneficiary who survives to file the claim or if all surviving primary beneficiaries choose not to file a claim. If a deceased person has no primary or secondary beneficiaries, a wrongful death action cannot be filed in Prince George’s County in their name. Secondary beneficiaries include siblings, cousins, aunts and uncles, other extended family members, and domestic partners in some situations.
Other Rules for Filing a Wrongful Death Suit in Maryland
No matter who starts the filing process for a Prince George’s County wrongful death action, they are legally obligated to make a “good-faith effort” to notify all eligible beneficiaries about the pending lawsuit and their right to seek recovery through it. Failing to comply with this requirement and all included procedures may lead to the court voiding the case and no one receiving damages.
A person must first file with the Health Claims Alternative Dispute Resolution Office. There are also additional filing requirements for wrongful death claims which name a healthcare professional or organization as a defendant(s), including a requirement to get a “Certificate” from a qualified medical expert confirming that there are valid grounds to pursue a claim. Importantly, nursing homes and assisted living facilities are generally considered healthcare facilities in this context.
Let a Prince George’s County Attorney Help You File a Wrongful Death Action
Even if you believe you have a strong claim supported by significant evidence, there are still filing deadlines to meet, arguments to construct, and potential counteractions from defendants to contest. Filing a Prince George’s County wrongful death action is challenging, especially if you try to go through it alone.
Help is available from capable and compassionate legal counsel throughout every stage of the filing process. Call our firm today to learn more.
