When a beloved family member dies, it can leave surviving relatives to make all the arrangements. Multiple generations of survivors can be affected by financial costs and obligations in addition to the emotional trauma of an unexpected death. An experienced personal injury attorney can help those relatives pursue a measure of justice against the at-fault party by filing a civil suit.
You may be entitled to compensation if you are dealing with the loss of a family member. Success with these lawsuits is never guaranteed, but an attorney’s support can make the difference. Learn how a Hagerstown wrongful death lawyer can help.
When Is a Death Wrongful?
Not every death will result in a case for compensation. For an individual to pursue a claim for damages for a loved one’s death, that death must have resulted from an act, neglect, or default that would have led to grounds for a personal injury claim had the victim survived. Criminal behavior can lead to a wrongful death action, but compensation does not require a crime to have occurred.
Different circumstances can lead a Hagerstown lawyer to file a wrongful death lawsuit. These cases often involve negligence, such as fatal car collisions. Medical mistakes can also provide grounds for a claim.
Not all wrongful death actions stem from negligence. In some situations, intentional acts—such as a violent assault—can provide the basis for a strong case for compensation.
The Right To Pursue a Wrongful Death Action
There are limitations on who has the right to pursue a wrongful death action. According to Maryland Code § 3-904, only certain family members related to the deceased party are entitled to seek legal action. This is in contrast to many other states that require a representative of the decedent’s estate to file the lawsuit on behalf of any heirs.
Under the law, only the deceased’s children, spouses, and parents can file suit. There are some limited scenarios where more distant relatives can recover compensation, including those who were financially dependent on the deceased at the time of their passing.
Available Damages for Surviving Relatives
Surviving relatives may discover they are entitled to an array of compensation with the help of a Hagerstown wrongful death attorney. These damages cannot replace what was lost, but they can cover out-of-pocket expenses, including but not limited to funeral expenses, autopsy examinations, and autopsy reports.
The financial contributions the deceased would have made had they survived are essential in determining damages. These contributions include anything from wages that would have supported dependents to health insurance coverage. An attorney can recover other types of damages, including loss of attention or counsel, loss of parental care, mental anguish, and final medical expenses. They will be able to provide a clear picture of what a case could be worth, but cannot guarantee a specific outcome or promise that a case will settle.
Call a Wrongful Death Attorney in Hagerstown Today
If you have lost a family member due to someone else’s negligence, you could be entitled to file a lawsuit and seek compensation. No amount of money can make up for the loss of your family member, but this type of civil suit can provide a measure of justice. Schedule a free case evaluation with a compassionate Hagerstown wrongful death lawyer at Price Benowitz to learn more.
