If you’re considering filing a wrongful death lawsuit after the tragic death of a loved one, it’s crucial you work with an experienced lawyer who can explain the legal elements you must prove. While it may seem unfair to impose this additional burden on you, you have the responsibility to prove your legal right to compensation when you take on the role of a plaintiff in a wrongful death case.
The experienced and compassionate Baltimore wrongful death lawyers at WGK Personal Injury Lawyers can explain how to prove a wrongful death claim in Baltimore, MD. Call our law firm today at (410) 837-2144 for a free and confidential consultation.
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How a Baltimore Wrongful Death Lawyer Can Help You Prove Your Case
For almost five decades, WGK Personal Injury Lawyers has been helping personal injury victims and their families. Our team has over 80 years of combined experience in personal injury law that we use to fight for the compensation victims and grieving families deserve. Our firm consists of three generations of Baltimore personal injury attorneys who understand the importance of family and want to do everything possible to protect yours.
We handle all the legal aspects of your claim so you can focus on your family. You can trust us to handle the following:
- Investigating the circumstances and identifying all at-fault parties
- Handling communications with insurance companies
- Advancing your legal claims
- Monitoring case deadlines
- Negotiating for fair compensation
We keep you updated about the status of your case so you can make informed decisions along the way. We are here to advocate and guide you through this trying time. Call us today for a free case review to discuss your specific situation in a confidential setting.
How Does Maryland Define Wrongful Death?
Maryland defines wrongful death as one that is caused by “an act, neglect, or default including a felonious act” that would have allowed the victim to file a personal injury claim and recover damages if they had not died. Common causes of wrongful death in Maryland include:
- Car accidents
- Truck accidents
- Medical malpractice
- Birth injuries
- Acts of violence
An experienced attorney can review the circumstances surrounding your loved one’s death and explain whether you have a viable wrongful death claim.
What Do You Have to Establish to Prove Wrongful Death?
Plaintiffs filing wrongful death lawsuits must prove the following legal elements:
- Negligence: Like with other types of personal injury cases, you must prove that the defendant was negligent. This requires showing the defendant had a duty of care and breached that duty.
- Causation: You must show the defendant’s act is what actually caused your loved one’s death.
- Damages: Finally, you must prove that your loved one’s death caused damages, such as economic loss or pain and suffering, and that you are one of the people in the category of beneficiaries defined by law to recover these damages.
Essentially, to successfully establish a wrongful death claim, plaintiffs must demonstrate that the defendant’s negligence directly caused the decedent’s death and resulted in measurable damages
Rules Regarding Wrongful Death Cases
Maryland has several laws related to wrongful death cases you should be aware of if you are considering taking this type of legal action, including:
Parties Eligible to File a Wrongful Death Claim
Primary beneficiaries who are entitled to bring a wrongful death claim in Maryland include the decedent’s surviving spouse, parents, and children. If none of these individuals file a suit or these people do not exist, secondary beneficiaries may be eligible to file a wrongful death claim. Secondary beneficiaries are related to the decedent by blood or marriage and are substantially dependent upon the decedent.
Damages in Wrongful Death Cases
Damages in a wrongful death claim may include both economic and non-economic compensation. Economic damages often cover tangible financial losses, while non-economic damages address the emotional and relational impact of the loss. These damages may include:
- Loss of financial support and income
- Loss of inheritance
- Funeral and burial expenses
- Medical bills related to the decedent’s injury or illness
- Loss of services the decedent would have provided, such as childcare or household support
Non-economic damages you might be entitled to include:
- Mental anguish
- Emotional pain and suffering
- Loss of society, companionship, comfort, protection, and care
- Loss of marital, parental, or filial support, including attention, advice, counsel, and guidance
An experienced attorney can help build your claim to prove your damages.
Statute of Limitations
Maryland has a three-year statute of limitations for most wrongful death cases. This means that the surviving family has three years from their loved one’s death to file a wrongful death lawsuit. If this time limit passes and they have not taken legal action, they can lose their right to recover compensation. Protect your rights by speaking to a wrongful death lawyer today.
Evidence That Can Help Prove Wrongful Death
As attorneys with over 80 years of personal injury law experience, the legal team at WGK Personal Injury Lawyers knows how to build a strong case. We can gather evidence to prove your claim, such as:
- Accident reports
- Reports of similar accidents
- Business records
- Employment records
- Maintenance and inspection records
- Electronic records
- Medical records
- Autopsy reports
Trust our team to guide you through the process of obtaining the evidence necessary to establish your claim.
Contact Our Compassionate Wrongful Death Lawyers to Discuss Your Legal Options
At WGK Personal Injury Lawyers, we can help honor your loved one’s memory and legacy by holding the parties responsible for their death accountable for their wrongful actions. We provide a free, no-obligation consultation with a Baltimore wrongful death lawyer to discuss your legal rights and options. Contact us today at (410) 837-2144 to arrange yours to begin the path to recovery.
