Wrongful Death / Fatality Lawsuits
Most states allow for an action for the wrongful death of a loved one and the effects this loss has emotionally and economically on the immediate family. A wrongful death action may be based on either an intentional act or one that occurred merely because of the negligence of the defendants involved. If your claim involves an action outside of Maryland, this office has a network of excellent experienced attorneys we can refer you to.
If your claim involves a Maryland action involving a nursing home, assisted living, group home or a death caused by a motor vehicle or construction accident, the Law Offices of Roger S. Weinberg are able to assist you in investigating and prosecuting your claim, obtaining adequate and fair compensation for your losses either by verdict or settlement.
Who Can File a Wrongful Death Lawsuit?
A wrongful death claim is not the same as a claim for the pain and suffering, medical expenses and lost earnings of the person who died. The Personal Representative (Power of Attorney or Guardian) can bring an action to recover these sums, and this is sometimes referred to as a survival or estate claim. After the wrongful death of a victim, certain family members (generally the decedent’s spouse, children, or parents) have a right to also file a claim for their own personal and economic losses.
The action must be commenced within three years from the date of death, not the date of the incident resulting in the death. If the claim involves an action against a medical or nursing provider in Maryland, the claim would initially be filed in the Health Care Alternative Dispute Resolution Office (HCADRO) prior to Court filing. In order to file in Court, certain prerequisites must be met, including the filing of a certificate and report from a qualified expert. An experienced wrongful death attorney can help you navigate the system.
What Types of Compensation are Available?
The intentional act (assault, battery, rape, etc.) or negligence in the care or safety of others must be shown to have occurred and to have caused the death. If so, then damages can be awarded at trial or recovered as part of a settlement. Non-economic damages include such items as mental anguish, grief, loss of companionship, pain and suffering, etc. Economic damages include loss of income and loss of household services as a spouse or for the loss of a parent until the child reaches the age of majority. Many factors influence the value of a wrongful death claim, including the life expectancy of the parties, the condition of their health, the manner in which the death occurred, the length of the marriage, any separations, etc.
If an intentional act caused the death it, may also be possible to obtain punitive damages for the defendant’s conduct. However, compensatory damages must first be awarded. In Maryland, it is very difficult to obtain punitive damages.
Maryland Wrongful Death Lawyer
A majority of the cases handled by the Law Offices of Roger S. Weinberg, LLC involve the loss of a spouse, parent or child. We have the experience and skills to obtain the highest possible compensation for your loss. Because there is a statute of limitations, or time limit, for filing a wrongful death claim in Maryland, you should not delay. For compassionate, competent advocacy following the death of your loved one, call 410-825-3161 or use this online contact form to arrange for a free consultation.