Losing a loved one is devastating, and navigating the aftermath requires the support of a compassionate Maryland wrongful death lawyer. Our legal team is dedicated to helping families understand their rights under Maryland’s wrongful death act and secure the justice and compensation they deserve.
Every state, including Maryland, has enacted some form of wrongful death act. In Maryland, it is described under § 3-904 Action for Wrongful Death. Wrongful death actions often come in the case of a devastating car accident, struck pedestrian, or even a bad drug. In general, an action for wrongful death may be brought any time there is the death of a loved one by a negligent or reckless third party. The purpose of wrongful death acts is to codify the common law claim of wrongful death. However, parts of the common law are unfit for modern society and require adjusting by legislators. This is a complicated part of the law, and it is essential to consult an experienced Maryland wrongful death lawyer to understand your rights better.
As in personal injury, a wrongful death action is civil (versus criminal) and brought by family members and dependents against those who recklessly or negligently caused the death of another. Importantly, even if the person you wish to sue has been found not guilty of criminal charges, an action may still be brought under the statute because a criminal standard is more challenging to overcome in law.
Besides the estate of the deceased, other parties may also recover for the harm related to the death of a loved one. As you will see, there must be a close, familiar relationship under Maryland law. Serving families across Baltimore, Annapolis, Rockville, and beyond, our Maryland wrongful death lawyers bring decades of experience to every case.
In Maryland, under § 3-904, a parent may recover for the wrongful death of their deceased child. This seems obvious, and the rule would be inhumane to hold otherwise. However, there are certain exceptions under the act which restrict a parent’s right to recover if they were somehow involved in the death of the decedent. Some of these rules are known as “slayer statutes.”
In Maryland, under § 3-904, a husband or wife may recover for the wrongful death of their deceased spouse. The same general restrictions apply here as well.
In Maryland, under § 3-904, the child of the deceased may recover for the wrongful death of their parent. This may include an adopted child or other dependent.
The general measure of recovery is the financial injury, or money injury, which resulted to the plaintiff. This allows for recovery from loss of support, companionship, etc. Additionally, a jury may award based on factors such as the decedent’s income before death, expected future income, and the level of dependence by you, the plaintiff. However, unlike other personal injury actions, it does not allow for recovery from the decedent’s pain and suffering. Those damages belong to the decedent’s estate, not a related third party suing under § 3-904.
In select instances, there is the potential for punitive damages. These can substantially increase the value of your case if they are available. In general, punitive damages are awarded when there is willful, wanton, or reckless conduct which results in the death of your loved one. But in Maryland, there is a higher standard to obtain these damages. We have a malice standard that requires knowledge by the tortfeasor.
Something to be wary of is a contributory negligence defense by the defendant. In Maryland, we have contributory negligence jurisdictions that do not allow recovery if the victim was even 1% negligent in his injury. This applies here. For example, suppose your child died in an accident, but your child is contributorily negligent under the duty owed by a like-minded child of similar age, education, and intelligence. In that case, your chances of recovery under § 3-904 may be completely diminished.
This is the first step in any wrongful death claims process. Ordinarily, the first step is to seek medical attention. And if that applies to you, you should still do that. But because a wrongful death claim is for the death of a family member, that step may be omitted.
Speaking with an attorney can help you evaluate your case. Wrongful death actions have a particular set of rules that differentiate them from most other tort cases. Much of it is governed by state statutes, whereas most tort cases are handled by case law. Furthermore, an attorney will help you organize and strengthen your case. Many of the steps below necessitate a lawyer to do. While you may be able to file your case and go to trial technically, you are in a position of weakness. Moreover, the negotiation stage with an attorney is meaningless because an insurance company will only offer compensation for what the case is worth because there is no meaningful threat of filing suit.
Gathering evidence is essential to building a solid case. The more evidence we have to work with, the better. Moreover, certain pieces of evidence are time-sensitive. Given that wrongful death is so broad, it is hard to say what exactly the evidence is that is time-sensitive. But as an example, if your family member was in a nightclub and passed due to bouncer or security violence, we need to obtain security footage as soon as possible. Many clubs erase footage after 24 hours. Thus, the sooner you contact an attorney who can send a spoliation of evidence letter to the club and call them, the better your odds are of having video evidence to help your case.
Other steps are less time-sensitive for your case. For example, we need to collect records from medical providers. This will help us determine the cause of death. Proving causation in a wrongful death case is a necessary first step in eventually winning your case. While causation may appear obvious, we must prove it by a preponderance of evidence in a court of law. To do so, we must collect this evidence.
This is an essential step in most wrongful death cases. Although, there are some cases where we need the opportunity to negotiate. Sometimes, the defense will deny liability. In this case, they are unwilling to make any settlement offers. If this is the case, we skip to the next step and file suit in a Maryland court. However, if liability is clear and they accept fault, we can begin to work towards an amicable resolution. Once a defendant admits liability, we can generally settle a case as it is in the best interest of both parties to do so. Going to trial is more expensive and time-consuming.
Negotiating a fair and full settlement can take time. First, it takes the defense team about a month to evaluate our demand letter. This is standard mainly because they need more resources to do it faster; it should take less time. Then, it takes aggressive pursuit by our Maryland wrongful death lawyers to continue getting in touch with them and the patience to let them continue to evaluate. Generally, the longer we wait, the more they will move towards a reasonable number. But of course, we continue to press them until we can reach a fair agreement.
This is a last-case scenario because getting the compensation you deserve takes longer. We want you to know that we aim to handle your case as soon as possible because we know how valuable getting this money can be. At the same time, it is a lengthy process, and we must take our time. Unless you say otherwise, we will not recommend that a client accept a settlement offer that is not representative of the value of your case. So, we filed suit and went to trial.
While the trial process is a part of the process that can have a whole page to itself, we will highlight the critical points here. First, a standard personal injury case usually takes about two days. However, a death case can certainly be more prolonged. Without particulars, a trial for a wrongful death can range from a few days to several weeks. There are also costs associated with a trial. If we need to hire expert witnesses, they can be expensive.
On the other hand, our attorneys work on a contingent fee basis. So, you do not pay us for our time in court. If you have more questions on trial or any other part of the process, please call for a free consultation.
In a case as important as a wrongful death case, you want the best wrongful death attorney you can get. We get calls asking what sets us apart from other firms in Maryland. While many wrongful death lawyers will likely do an excellent job on your case, plenty probably would recover less than your case is worth. Our Maryland wrongful death lawyers leverage cutting-edge legal technologies and a compassionate approach, ensuring personalized and effective representation for each family.
So, what should you look for when hiring legal counsel?
Experience in any industry is critical to your success. Experience can exponentially increase the likelihood of winning your case in the personal injury field. Lawyers call it the practice of law for a reason. The law is constantly evolving, so it is only possible to know some cases. However, the more experience you have, the better chance an attorney has to understand the legal system and how new laws affect the status quo.
Moreover, experience provides an attorney with a network within the legal field. A network of attorneys means we are familiar with our adversaries. When we go up against an insurance company’s defense attorney, we may have experience with him in the past. So, we are familiar with their strengths and weaknesses. The same goes for familiarity with judges in Maryland. Given we have been practicing personal injury law in Maryland for the more significant part of a century, we have a vast array of experience handling wrongful death cases.
Similar to experience, this is a critical element to a successful personal injury case. You want a law firm and attorney who immediately answers or returns your calls. Especially in a wrongful death action, where many issues are time-sensitive, you need a lawyer who values communication and keeps his client in the loop of updates in their case. We understand the stress you are under if you are pursuing a wrongful death action. Losing a family member leaves you feeling helpless. We are here to ensure you are with others.
When you have a legal question at many law firms, you are made to ask them to a paralegal. We have never operated this way in our 70 years in business. We believe in using a client-centric approach to each case. If you have a question or concern, we value what you think and want to hear you out. So, we’d like to make communication easy. You can reach our office by phone 24/7. Further, while our lawyers are not available 24/7, you can contact any of them seven days a week. This attention to our clients is one aspect that sets us apart from other firms in the area.
A third crucial characteristic of a good Maryland wrongful death lawyer is the aggressive pursuit of your recovery. To be clear, this does not mean being aggressive in court or disrespectful towards anyone in any way. Instead, it involves aggressively going after the defendant’s insurance company. Remember, they would rather not pay you for your injuries. Even when liability is clear, and you suffer hundreds of thousands of dollars in damages, they will only volunteer an offer to you if it is well below the amount you deserve. That is their modus operandi when they see a victim unrepresented by legal counsel. That is the one time an insurance company will go out of its way to make an offer on the tortfeasor’s behalf.
They will try to dodge calls and delay settlement negotiations for as long as possible. This is when aggressive pursuit by a Maryland wrongful death lawyer is valuable. Our relentless pursuit of the defendant brings the insurance company to the table to discuss settlement. This is valuable because settling a case is far faster than going to trial. Once we file suit on a case, which takes time, we still have to wait several months for a court date.
This can be a complicated topic and is especially fact-dependent. Therefore, it is in your best interest to contact an experienced Maryland wrongful death lawyer to determine the merits of your case. Contact a Trusted Maryland Wrongful Death Lawyer Today for a Free Consultation.