Tenacious Litigators. Compassionate Counsel.
The loss of a loved one can also mean a loss of stability. Family members constantly contribute to our lives whether through finances, assistance, or emotional support. Finding yourself suddenly without any—or all—of the above can be disorienting and scary.
If your loved one was killed in an accident caused by someone else, you may be able to file a wrongful death claim against the person or party who was at fault for their death. We understand taking legal action while you’re mourning may not be your top consideration. However, when you file a claim, you can ask for compensation to provide you with a safety net.
Finding your way forward after the loss of a family member takes time. Knowing you have financial security while you do so removes one big source of stress from your life.
Our attorneys can help you determine if you are eligible to file a wrongful death claim and support you throughout the legal process. We pride ourselves on providing all-around legal support and a caring hand to those going through difficult times.
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Can I File a Wrongful Death Claim?
In Maryland, your eligibility to bring a wrongful death suit rests on the nature of your loved one’s death and your relationship with them. You can test your case against the following issues to learn whether you may be able to file.
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Contributory Negligence and the Right to File an Injury Case
We are one of the few states in the nation that operates under contributory, rather than comparative, negligence rules. This means an injury victim is only eligible to file for damages if they hold 0% of the fault for an accident. Wrongful death suits are also limited by this rule.
Contributory negligence unfortunately makes it much easier for insurance companies, among others, to fight back against claims. This is why it’s extremely important to work with a skilled attorney who has the resources and dedication to thoroughly investigate your case. Our team provides top-tier services and is ready to help search for evidence that can protect your right to compensation.
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Primary vs. Secondary Beneficiaries
Once we have helped you determine whether a case can be filed, our team can also identify the parties who are allowed to take action. State law gives those closest to the deceased—their spouse, parents, or children—the first right to file a wrongful death claim. This group, the primary beneficiaries, would share any compensation among themselves even if only one individual filed the claim.
If there are no primary beneficiaries to file a claim or all of them decline to do so, a secondary beneficiary may step in to start the process. This group expands to anyone related to the deceased, through blood or marriage, who was “substantially dependent” on them. When secondary beneficiaries file a claim, the compensation must be split between all beneficiaries, including any primary ones.
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The Wrongful Death Statute of Limitations in Maryland
In almost every case, you have 3 years from the date of your loved one’s death to file a wrongful death case. If the deceased was killed by occupational disease, the family has whichever period is shorter: 3 years from learning the cause of death or 10 years after the death.
Wrongful Death Damages
Once you have determined whether your case is valid and you are the right person to bring it, our attorneys can help you consider the many damages you may be able to ask for. Wrongful death claims allow beneficiaries to ask not only for compensation for material losses, but also for the intangible, yet just as challenging, emotional losses. You could be able to recover compensation for:
- Lost wages and benefits
- Loss of inheritance
- Pain and suffering (emotional)
- Mental anguish
- Loss of society, companionship, comfort, and protection
- Loss of marital, parental, and filial care
- Loss of counsel, education, guidance, advice, and more
It is not easy to put a price on some of these losses: None of them can be cured by money, being invaluable to those who benefitted from the decedent’s love and care. However, our attorneys are here to help you understand how to maximize your compensation. Your pain and hardship should be acknowledged to the full extent of the law.
We’re Here to Hold Negligent People and Companies Accountable
Filing a wrongful death claim sends a powerful message to anyone whose negligence contributed to the loss of your loved one. Seeing justice done can also bring a sense of closure to you and your family. Our attorneys want to help you secure the compensation you need to support yourself as you work through your grief.
We understand it’s not easy to file a wrongful death case, which is why we’re ready to do everything we can to take the work off your hands. Our team includes experienced investigators, skilled litigators, and a caring and compassionate support staff. If you’re considering filing a wrongful death suit, you can get started today with a free and confidential consultation.