Before you consider filing a wrongful death claim, it is best to speak with a Baltimore wrongful death attorney who can help you understand your legal rights and options. At The Law Office of Snyder & Snyder, P.A., our team is dedicated to making sure you and your family understand what can be done if someone you love has been the victim of a wrongful death in Maryland. Below, we provide some of the most important details involved in wrongful death cases. This will allow you to know if you have a case, who will be able to file a claim, who is liable, and what you can do to take legal action.
Do I Have a Case?
Determining if you have a case can be a bit difficult. There are certain things that you must prove in order to hold someone accountable for their actions. First, examine the situation and consider the following: Was the at-fault party acting negligently? Did this act of negligence cause some kind of crash, malpractice, or other incident? Was the crash, malpractice, or other incident the cause for death? These are some of the things that you have to consider. You must prove that the person failed to act in a manner that should be reasonably expected for one reason or another.
Who Is Liable?
Determining liability depends on the situation and the incident that caused the death. In certain situations, multiple parties may be responsible for the death. In these cases, it is incredibly important to that the time necessary to fully analyze the case. For example, in a trucking collision, the negligent party can be either the truck driver, the owner of the trucking company, the cargo loader, or a combination of all three. This is because they all have a standard of care to the public, and if they fail in upholding that standard — for instance, if the trailer is unevenly loaded or the driver doesn’t stop to take enough breaks — it can cause significant injuries, or even death. There are many different parties you must consider before you move forward with legal action.
Who Can File a Lawsuit?
In Maryland, the parties who may be able to file a lawsuit are the parents, spouse, or children (of any age) of the decedent. The filing party does not have to be dependent on the decedent. If the personal representative of the estate decides to take action, they will file a survivor action. This can be used to seek compensation for the pain and suffering of the decedent from the date of the incident until his or her death.
What Damages May I Be Entitled To?
The estate of the decedent may be able to file a claim seeking compensation for medical expenses resulting from injuries from the date of the incident until the time of death. They may also seek compensation for pain and suffering, funeral costs, and property damage. The survivors who depended on the decedent may be able to seek damages for lost wages from the time of injury to the time of death, future projected income, loss of enjoyment of life, loss companionship or guidance, pain and suffering, and more.
In Maryland, you have three years to file a wrongful death claim from the date the victim passed away. This means you must act quickly or you risk having your case declined.
When you need to file a wrongful death claim, make sure you are represented by experienced and knowledgeable attorneys. At Snyder & Snyder, we have handled numerous wrongful death cases, and we understand the tactics necessary to get the job done. When you hire our Baltimore wrongful death lawyers, you can have peace of mind knowing we are advocating on behalf of your loved one and fighting to right the wrongs done to your family. If you lost someone you love as a result of a wrongful act, call our firm and learn how we can help you take the next step forward in obtaining justice.