Maryland Wrongful Death Case Settlements

A wrongful death is a death caused by the negligence or careless act of another person. There are many causes of wrongful death in Maryland, but the most common causes are medical malpractice and motor vehicle accidents. These matters can be brought as wrongful death claims in Maryland. Individuals have the option of pursuing Maryland wrongful death case settlements in or out of court. A capable and compassionate wrongful death attorney could help an individual make a decision that works best for them and their family.

What Does Wrongful Death Cover?

Wrongful death does not differ from other cases involving death at the fault of another person in Maryland, because the wrongful death action covers a broad range of claims. When the death of someone is due to the negligence or fault caused by another person, a wrongful death claim can be brought. A  wrongful death case may be settled before the attorney files a suit or when a suit is filed and the insurance company of the at-fault party determines that the plaintiff has a strong claim.

Difference Between Wrongful Death and Other Personal Injury Cases

In a wrongful death case, the attorney must prove that the negligent act caused someone’s death. A personal injury case focuses on recovering compensation for a person’s injuries. It is important to obtain evidence of the negligent act and any medical evidence or method that shows the negligent act caused to the death.

How Maryland Handles Wrongful Death Compared to the Other States

The personal representative in Maryland does not have to bring a wrongful death suit. Any beneficiary from a wrongful death suit can bring the claim. However, it is important to bring the claim with all the plaintiffs together. All the beneficiaries from a wrongful death matter must be on one complaint filed with the court. An attorney may have the personal representative bring the claim and list the other beneficiaries. When the personal representative receives the damages, they have a fiduciary duty to disperse the benefits the court awards.

Costs and Benefits of Settling in and out of Court

The costs and benefits are in favor of the plaintiff to settle in a wrongful death at court because of the fee structure of the law firm. More money can go into the beneficiary’s pocket when the case is settled out of court. However, sometimes settling the case out of court means the person does not receive as much as they would in a trial. The trial also poses a risk that the jury may not value the wrongful death case in the same way that the insurance company values the wrongful death case.

Settling a case after the trial starts in court might mean an increase in the fee structure for the law firm. However, an experienced attorney may read the jury and understand that the settlement is the best result for the plaintiff. After consulting with the beneficiaries and discussing all legal issues an experienced attorney may advise individuals about the benefit of Maryland wrongful death case settlements and allow the beneficiaries to make the final decision.

Value of a Maryland Wrongful Death Attorney

For most cases in Maryland, the statute of limitations for a wrongful death is three years. When an individual believes their loved one died from a wrongful act in Maryland, it is important to notify a wrongful death attorney immediately to file suit before the statute of limitations expires. A determined and knowledgeable wrongful death attorney could help someone decide which Maryland wrongful death case settlements work best for them.