Maryland Wrongful Death Lawyer Handling Nursing & Group Homes Cases
The passing of a family member can be a devastating event. When confronted with the possibility that the death was caused by the negligence of a caretaker or medical professional, it makes the situation even more upsetting. Those responsible should be held accountable for their mistakes and properly compensate the family left behind, especially if the death is the result of an intentional action like an assault. If you are facing the loss of a loved one that could be due to an intentional action or a terrible mistake, you should contact a lawyer experienced in handling these claims like the attorney Roger S. Weinberg.
Most states allow for an action for the wrongful death of a loved one and the effects this loss has had 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 the death occurred while your loved one was in the care of a nursing home or group facility, you should work with an attorney whose focus is nursing home cases. Our compassionate wrongful death lawyer has the skills and experience you need to ensure you get justice. Call us today at 410-825-3161.
Our Maryland Wrongful Death Lawyer Fights for Compensation for Victims
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. We will connect you with a wrongful death lawyer who can help.
Who Can File a Wrongful Death Lawsuit?
Maryland law allows a victim’s family to file a claim for wrongful death. Maryland Code Section 3-904 authorizes the claim. The Act tells us who may file a claim, what damages they may claim and how long one has before they lose the right to file the claim.
Maryland law has declared in court decisions that the 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. Then the right to file a claim falls to secondary beneficiaries, such as people not in the victim’s immediate family, like a niece or nephew if they were dependent upon the victim.
Types of Wrongful Death Claims
You may have two claims against those responsible. You can have a claim for the harm that came to the victim. You may also have a claim for the harm to the family, which is the wrongful death action. The victim has passed on. However, the claim for any suffering they experienced or medical expenses survives their death. The harm to the family can compensate the people the victim left behind for their suffering.
Statute of Limitations for Wrongful Death Claims in Maryland
There is a statute of limitation regarding wrongful death claims in Maryland. You must file your claim 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. A Maryland wrongful death attorney experienced in these matters can help you navigate the system. Call our offices at 410-825-3161 for help.
A Wrongful Act Creates the Cause of Action for a Wrongful Death Claim
You may be able to file a wrongful death claim for any action the victim would have been able to sue for if they were still alive. This would include any negligent action like driving drunk, medical malpractice or a defective product or part (like faulty brakes). This would also include any intentional act that would cause harm, such as an assault.
What Types of Compensation are Available?
A wrongful death lawyer will help you receive compensation for the tragedy you have experienced if you have lost a loved one due to someone else’s intentional or negligent conduct. You and your attorney will have to show that the wrongful act caused the death and harm to you and your family, the survivors. Then, the court can award damages at trial, or the attorney will negotiate your compensation as a part of a settlement.
These damages can be of two types: economic damages and non-economic damages. Economic damages can include loss of income and loss of household services (if you lost a spouse or parent who took care of a minor child, for example). Non-economic damages include mental anguish, grief, loss of companionship (of a spouse) and pain and suffering, among other things.
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, you could not receive punitive damages before receiving compensatory damages in a wrongful death claim. Punitive damages will punish the person responsible if their conduct warrants it. Courts use punitive damages to show society how terrible the conduct was and to deter future such conduct. Compensatory damages are to aid victims in their recovery and to provide a just outcome.
In Maryland, it is very difficult to obtain punitive damages. You would have to prove with convincing evidence that the person intended to cause harm.
Our Wrongful Death Lawyer in Towson, MD, Is a Powerful Advocate for Victims’ Families
A majority of the cases handled by our wrongful death attorney involve the loss of a spouse, parent or child. We have the experience and skills to obtain the highest possible compensation for your loss. We know that the passing of a loved one can cause enormous stress to those left behind. When we take your case, we will treat you with the consideration you deserve. You won’t be just another client to us, especially in cases like these. Our team will work diligently to get the best possible outcome in your case and will keep you informed every step of the way.
Because there is a statute of limitations, or time limit, for filing a wrongful death claim in Maryland, you should not delay.