The unexpected loss of a loved one due to another’s negligence is devastating and often leaves families searching for justice. In Maryland, certain family members have the ability to seek accountability through a wrongful death lawsuit. In this blog, we’ll clarify the eligibility criteria for filing such a lawsuit, providing you with the information you need during this difficult time.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal action brought by the survivors or representatives of a deceased person whose death was caused by the negligent, reckless, or intentional actions of another party. This type of lawsuit seeks to provide compensation for the financial and emotional losses suffered by the deceased’s family. Typically, wrongful death cases arise from incidents such as car accidents, medical malpractice, or workplace injuries. The main objective is to hold the responsible party accountable and to offer the surviving family members financial relief for expenses like medical bills, funeral costs, and lost income, as well as compensation for the emotional suffering and loss of companionship they endure.
Who Can File a Wrongful Death Lawsuit in Maryland?
In Maryland, a wrongful death lawsuit can be filed by certain family members who are directly impacted by the death of their loved one. The primary individuals with the right to file such a lawsuit are known as “primary beneficiaries.” These include the deceased’s spouse, parents, and children. If no primary beneficiaries survive the decedent, “secondary beneficiaries” may have the right to file the lawsuit. Secondary beneficiaries can include siblings, cousins, or other relatives through blood or marriage who were financially dependent on the deceased or significantly impacted by the loss. It’s essential for eligible family members to understand their rights, as they are entitled to seek compensation for the economic and emotional damages caused by the wrongful death.
Steps to Filing a Wrongful Death Lawsuit
Filing a wrongful death lawsuit in Maryland involves several important steps to ensure a successful claim. Here’s a breakdown of the process:
- Determine Eligibility: Identify who among the family members is eligible to file, such as a spouse, parents, or children.
- Consult an Attorney: Seek advice from an experienced wrongful death attorney to understand your rights and the legal process.
- Collect Evidence: Gather relevant documents and evidence, including medical records, accident reports, and witness statements.
- File the Complaint: Your attorney will help draft and file the formal complaint with the court, outlining the wrongful death claims.
- Engage in Discovery: Both parties exchange information and evidence related to the case.
- Negotiate a Settlement: Attempt to reach a fair settlement with the responsible party’s insurance or legal team.
- Prepare for Trial: If a settlement isn’t reached, prepare to present your case in court for a final verdict.
Compensation in Wrongful Death Lawsuits
Compensation in wrongful death lawsuits aims to provide financial relief and justice to the surviving family members of the deceased. It typically includes both economic and non-economic damages. Economic damages cover tangible losses such as medical expenses incurred before death, funeral and burial costs, and the loss of future earnings and benefits the deceased would have provided. Non-economic damages compensate for intangible losses like the pain and suffering endured by the family, loss of companionship, and emotional distress. In some cases, punitive damages may be awarded to punish particularly egregious behavior and deter similar actions in the future. This compensation helps families cope with the financial burden and emotional impact of losing a loved one due to wrongful actions.
Contact Our Experienced Maryland Wrongful Death Attorney
At Simeone & Miller, LLP, we understand the profound impact of losing a loved one and are committed to helping you seek justice through a wrongful death lawsuit. Our experienced team will guide you, ensuring you receive the compensation you deserve. Contact us today for a consultation.
