Losing a loved one is never easy, but when it happens as a result of someone else's negligence, the pain and suffering can be even more profound. In Maryland, when someone dies as a result of another party's actions, their surviving family members may be entitled to file a wrongful death claim.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal action taken by the surviving family members of someone who died due to the negligence, recklessness, or intentional act of another person or entity. This type of claim is brought to hold the responsible party accountable for their actions and to compensate the surviving family members for their losses, including medical expenses, funeral expenses, lost wages, and emotional distress.
Who Can File a Wrongful Death Claim in Maryland?
In Maryland, the surviving spouse, children, or parents of the deceased person can file a wrongful death claim. If the deceased person has no surviving spouse, children, or parents, then siblings or other relatives may be eligible to file a claim.
What Are the Time Limits for Filing a Wrongful Death Claim in Maryland?
In Maryland, the statute of limitations for filing a wrongful death claim is three years from the date of the person's death. If the claim is not filed within this timeframe, the family members may lose their right to seek compensation.
What Damages Are Available in a Wrongful Death Claim in Maryland?
In a wrongful death claim, the family members may seek compensation for both economic and non-economic damages. Economic damages are those that are easily quantifiable, such as medical expenses, funeral expenses, and lost wages. Non-economic damages are those that are less tangible, such as pain and suffering, loss of companionship, and emotional distress.
How Can a Wrongful Death Claim be Filed in Maryland?
To file a wrongful death claim in Maryland, the surviving family members should consider hiring an attorney to assist. Wrongful death actions are often joined with survivorship actions. Maryland wrongful death law is a right created by statute (See, Md. Code Ann., Cts. & Jud. Proc. § 3-901, et. seq.) and the assistance of an attorney will help the family navigate the statute, gather evidence, interview witnesses, and build a case on behalf of the family members. If the case goes to trial, the attorney will represent the family members in court.
Losing a loved one is never easy, and the pain and suffering can be even greater when their death was caused by someone else. If you have lost a loved one in Maryland due to the negligence, recklessness, or intentional act of another person or entity, you may be entitled to file a wrongful death claim. Contact an experienced attorney to learn more about your legal rights and options.