Frederick Wrongful Death Lawyer

When you lose someone who is near and dear to you because of another person’s wrongdoing, the pain and suffering your family endures can be horrific. While no monetary compensation could ever make up for the death of a family member, you could hold the responsible party accountable for their negligent conduct by pursuing a wrongful death action. A Frederick wrongful death lawyer could help you file this type of case. A personal injury attorney could review the circumstances that led to your loved one’s passing and who may be liable for the damages your family has suffered due to your family member’s death.

Statutory Deadline for Frederick Wrongful Death Cases

There is a specific period of time in which a wrongful death claim must be filed, or all eligible parties would lose the right to have their case heard in civil court. Pursuant to Maryland law, this statutory deadline is three years from the date of the victim’s death. It is crucial to talk with an experienced lawyer as soon as possible to have the best chance at making a successful claim.

Parties Who Can Pursue a Wrongful Death Action in Frederick

There are several different categories of individuals who are considered eligible to pursue a wrongful death action, according to Maryland Courts and Judicial Proceedings § 3-904. The individuals who would be given first priority to file a wrongful death lawsuit include the decedent’s husband or wife, children, and/or parents. If the deceased party is not survived by any of these identified parties, other loved ones such as cousins or siblings are potentially permitted to bring a claim.

Types of Wrongful Death Claims and Damages

There are two different classifications of wrongful death cases under Maryland law — wrongful death claims and survival actions. A wrongful death lawsuit is designed to reimburse the decedent’s family who are still living for the damages they have endured due to the loss of their loved one. However, a survival action reimburses the decedent’s estate for any damages acquired due to the person’s death.

Generally, claimants such as a decedent’s husband, wife, parents, or children would be the parties to pursue a wrongful death lawsuit, while survival actions could be filed by any eligible parties in the interests of the decedent’s estate. A local wrongful death attorney could evaluate someone’s potential claim and advise whether they may be entitled to file a wrongful death action or a survival action.

The court may award a few different types of damages in a wrongful death case. For the decedent’s family members filing a wrongful death lawsuit, compensation such as loss of inheritance, loss of consortium, and loss of the decedent’s earnings may be granted. In a survival action, a claimant could recover damages such as funeral costs, hospital bills associated with the passing, and other financial hardships incurred by the person’s estate.

A Frederick Wrongful Death Attorney Could Help

It is vital to speak with a Frederick wrongful death lawyer if you are considering filing a wrongful death lawsuit or survival action. An attorney could explain what your options are and advise you of your eligibility to pursue either type of action. Call today to get started.