It’s highly recommended you consider working with a Bel Air wrongful death lawyer when searching for experienced legal representation in a wrongful death case. It is best to work with a reputable and seasoned wrongful death lawyer than opting to go at it alone, relying on your limited knowledge of laws surrounding wrongful death cases.
We at Pinder Plotkin LLC are THE legal team in Bel Air, to call if you want to have the best chances of getting fair compensations for your deceased. Call us at (410) 525-5337 to schedule a free non-obligatory case evaluation and learn more.
Life is full of the unexpected, and they say that death comes to us all. However, you should never settle for such a statement when your loved one’s untimely death was due to another person’s reckless, negligent, or malicious behavior. The law gives you and your family the right to seek justice on behalf of your decedent by filing a wrongful death lawsuit against those responsible.
How Is Wrongful Death Defined In The State Of Maryland?
Under the Maryland State wrongful death statute, the surviving family can be compensated for the untimely and unwarranted death of their loved one attributed to another person’s intentional, reckless, or negligent acts. As stipulated under § 3-904(c)(1) of the statute, the recoverable damages can be awarded to the beneficiaries, proportioned to the injuries that lead to their loved one’s unexpected demise.
A wrongful death potentially can occasion heartache, loss of care, broken families, missed memories, loss of companionship, and loss of protection. Thus, the statute avails a means for the bereaved to seek relief from such pain and anguish. Please note that the beneficiaries’ rights, under the statute, is uniquely independent claim separate from any right the decedent’s estate has.
It means that we can help you pursue two claims. The first is for you and your family’s harm, with will be the wrongful death lawsuit, and the second is the deceased’s, focusing on the injury of issues that caused the death; this will be a survival action.
Some of the issues you can include when suing those responsible for the wrongful death include medical malpractice, medical injury, pedestrian accident, nursing home abuse/neglect, faulty construction, and defective products (including medications, foods, drinks, electronics, vehicles, and appliance).
Who Is Qualified To File A Wrongful Death Claim In Maryland?
The decedent’s parents, spouses, or children have a right to bring a lawsuit, under Maryland State laws § 3-904(a)(1), against those found liable for their loved one’s demise. However, under § 3-904(b), any other person related to the deceased by marriage or blood was substantially dependent upon the decedent cash file to claim if the deceased did not have a surviving beneficiary (parent, spouse, or child).
What Types Of Damages Are Recoverable?
Once the Bel Air wrongful death lawyer files the claim, you may be eligible to receive three types of damages:
Economic Damages
Which covers any financial contribution or support you and your family enjoyed from the deceased. We can help you recover funeral/burial costs, medical expenses, lost future earnings, and lost wages.
Non-Economic Damages
Which covers the less tangible (non-monetary) losses occasioned by the wrongful death that hold significant value to you and your family’s way of life. What we can help your recover includes lost companionship, lost consortium, and the mental and emotional anguish you suffered or shall forever bear after your loved one’s demise.
Punitive Damages
Which could be recoverable, although not involved in wrongful death cases, when suing a public institution like a public hospital or nursing home for neglect, abuse, or any other malpractice.
Can the Surviving Family File For Punitive Damages?
The law grants the deceased’s representatives (direct surviving family) the right to file a wrongful death lawsuit. Also, a personal representative not related to the deceased by marriage or blood but appointed by the decedent before the wrongful death can file the claim. If the decedent’s estate plan does not give a personal representative, the court can select one to oversee things on behalf of the family.
How is Negligence Proved in a Wrongful Death Case?
Your wrongful death lawyer will consider the following factors when determining negligence, and the accused actions resulted in your loved one’s death.
Owed Duty Of Care
We shall prove that the accused owed the deceased a duty of care given the circumstances surrounding the matter.
Prove Breach Of Duty
We then shall demonstrate that the defendant breached the said duty of care through their negligent, reckless, or indifferent behavior, resulting in your loved one’s untimely demise.
Proof Of Damages
We also must show the court the decedent suffered damages, starting with the most apparent issue being the death of a person because linked to injuries associated with the accident attributed to the decedent’s breach of duty of care.
Causation
It is subject to proving beyond a reasonable doubt, the deceased’s death (harm) was because the defendant breached duty while stating the person would be alive if the accused has upheld the duty of care.
How Do You Start a Wrongful Death Claim in Bel Air Maryland?
We at Pinder Plotkin LLC can help you and our family file a wrongful death claim and ensure those responsible compensate you for your loss, pain, and suffering. Your Bel Air wrongful death lawyer will be a committed legal representative playing an executor’s role, having the responsibility of protecting your rights and interests. We will also help you put together personal paperwork like medical reports and health records relevant to the wrongful death case.
You, as the plaintiff, will have two years from the time of the wrongful death to file the case, which we highly recommend you do with the help of an experienced legal representative. Failure to meet this deadline might see you forfeit your rights to pursue the claim in the future.
What Is The Difference Between A Wrongful Death Claim And An Estate Claim?
We shall help you understand the two legal mechanisms that Maryland State laws allow you to exploit when pursuing a wrongful death lawsuit against those responsible for a loved one’s demise.
The first will be a personal injury lawsuit through which the beneficiary (plaintiff) files the claim. The second option is an estate claim, in which an appointed estate representative (picked by the decedent or the court) will seek justice for the deceased and beneficiaries.
Call Pinder Plotkin LLC Today To Speak To A Dependable Wrongful Death Attorney
Wrongful death lawsuits can get murky and prove challenging, especially when you do not know the legal requirements involved. Nevertheless, you can avoid such complexities by working with a reliable Bel Air wrongful death lawyer.
Pinder Plotkin LLC is the legal team in Bel Air, Maryland, to call if you want to have the best chances of getting fair compensations for your deceased. Call us at (410) 525-5337 to schedule a free non-obligatory case evaluation and learn more.