Being in a situation where a loved one has passed away due to someone’s negligence can be difficult. It is recommended to enlist the help of a Takoma Park wrongful death lawyer in these situations.
At Pinder Plotkin Legal Team, our Takoma Park personal injury lawyers realize how challenging this situation can be and want to offer our full support in fighting for your rights. Our legal team offers access to ample resources, specialized professionals, and years of experience.
We are a well-trained law firm that has become a trusted option in Takoma Park due to our specialized approach to helping clients.
For more on what we bring to the legal process, please take the time to give us a quick call at (410) 525-5337.
How is Wrongful Death Defined in the State of Maryland?
One of the key details to think about involves the filing of a wrongful death claim in Maryland.
There are specific variables that play a role in determining what is viable as a wrongful death claim and what isn’t.
These actions can include:
- Medical Malpractice
- Faulty Engineering/Construction
- Driving Under The Influence
- Pedestrian Accident Fatality
- Contaminated Food/Sanitation Problems
- Nursing Home Abuse
- Improper Alcohol Service
Take the time to look through all of these potential factors and pinpoint which one your legal claim fits into.
If you want to learn more about whether or not you are viable, feel free to reach out to Pinder Plotkin Legal Team today.
Who is Qualified to File A Wrongful Death Claim in Maryland?
One of the key details to think about involves the filing process in-state.
You are going to want to get things right the first time around, which is why our law firm at Pinder Plotkin Legal Team is a good fit.
In general, surviving family members such as parents, spouses, or children can file a wrongful death claim. Our law firm can go through all of these legalities with you during the initial consultation to make sure you put your best foot forward.
What Types of Damages are Recoverable?
There are specific damages that you are going to want to cite in the legal claim as soon as it is filed with the state.
You are going to have the ability to file for economic damages (i.e. medical bills, burial costs) while also getting the opportunity to file for non-economic damages (i.e. stress, anxiety).
Several factors play a role in which damages are listed and which ones aren’t. If you are unsure about this process and want to get things right, feel free to reach out to us at (410) 525-5337.
Can the Surviving Family File For Punitive Damages?
A key detail that you are going to want to mull over will involve what happens with punitive damages. This refers to any damage that is associated with breaking the law and being punished for it through a prison sentence and/or fines.
In most cases, the surviving family will have the ability to file for punitive damages in the state of Maryland.
You will want to go through these details with the help of a qualified Takoma Park wrongful death lawyer at Pinder Plotkin Legal Team beforehand.
How is Negligence Proved in a Wrongful Death Case?
1. Duty
The first aspect of negligence comes down to whether or not the other party had a duty of care in that situation. This could be a driver driving their car on the road, a caretaker in the nursing home, or a surgeon working in a hospital. They have rules they need to follow legally.
2. Breach
If there is any type of breach of duty of care, this can be a sign of negligence. A good example of this would be a surgeon that uses the wrong technique and/or makes an incorrect decision, which causes the patient to pass away.
3. Damage
It is important to show that the negligence took place because of the other party’s actions. This means it was their decision that led to your loved one passing away. There has to be a direct connection between the action itself and the death.
4. Causation
Negligence needs to be proven with causation. This means there is nothing that comes in between the negligent acts and when the individual passed away. There has to be evidence available to show the negligent act was the main reason why the individual isn’t living any longer and passed away.
How Do You Start a Wrongful Death Claim in Maryland?
When it is time to go through the nitty-gritty details of this legal process, you are going to want to file the legal claim properly.
This is where our law firm at Pinder Plotkin Legal Team comes into action.
We are going to take the time to go through the evidence, file the legal claim, and make sure everything is in line for the case to move forward. We can also assist with any negotiations that are done to move a settlement forward.
What is the Difference Between a Wrongful Death Claim and an Estate Claim?
The legal process is going to lead to different terms being tossed your way.
With a wrongful death claim, you are going to be citing another party that was negligent leading to your loved one’s death.
On the other hand, an estate claim is made against the deceased’s assets and is often done to recover the debt that was under the individual’s name.
An Experienced Takoma Park Wrongful Death Lawyer Can Help
We realize this is a tough moment for you and your loved ones.
Fighting for your loved one’s rights is all about understanding what your legal options are. At Pinder Plotkin Legal Team, we are going to take the time to develop a comprehensive legal strategy that is compliant with local regulations.
To learn more about what we can do and why we are the right fit for your wrongful death claim, please take the time to reach out to us at (410) 525-5337.