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The timeline of a Maryland wrongful death case can vary considerably. In some cases, we receive a total limits offer right away because the policy limit is not very high, to begin with, and your damages clearly exceed the policy. In other cases, the defense may never concede that their insured is at fault. Here, we must see the timeline through to the end. Our skilled Maryland wrongful death lawyers have in-depth experience in both cases. Through our experience, we understand how devastating these cases can be. In such a stressful and traumatic experience, it can be beneficial to understand the precise timeline of your case. This is why we have taken the time to explain what the typical case looks like here. Below, we lay out a map to help you navigate the timeline of a Maryland wrongful death case.
Note that the various steps below may take days, weeks, or months. Further, what may take a short period in one death case may be prolonged in your case. There are many factors outside of our direct control. The best we can do in these scenarios is nudge the entities along to expedite the process. One example of this may be if there is a Medicare or Medicaid lien. If there is one, we have a legal obligation to pay back the lienholder out of the recovery. However, we need to know the exact amount of the lien before we resolve your case. Thus, we may be in limbo until Medicare gets back to us. In these cases, we call their office twice a week, every week, to move them along. Sometimes, this effort works; in other cases, it can still take months.
This step marks the start of the timeline of a Maryland wrongful death legal process. For you, this starts by choosing the correct wrongful death attorney. There are many excellent options in Maryland. You should choose the best one that works for you. Feel comfortable knowing this law firm is handling something vital to you. You should select an attorney that you can trust. While you may get along with an attorney, selecting one with experience handling the exact type of case you are pursuing is more critical. In this context, it means they should have experience handling both the death portion of your case and the liability portion of the case. This means you should steer clear of an attorney who only handles slip-and-fall cases if your family member passes away in a car accident.
We believe it is also critical to find an attorney with whom you can contact should you have a question. This is imperative if you have a pressing matter worth discussing with your attorney. You are paying your attorney a legal fee; even if it does not come directly out of your pocket, it makes sense that you should get the service you are paying for. At other firms, you may be pushed through a maze of paralegals to get in touch with your attorney. We believe client communication is vital for a successful case.
Call our office today for a free initial consultation at (202) 331-7227.
During the investigation and evidence-gathering phase of a timeline of a Maryland wrongful death, we accomplish many things. This arguably begins as part of the initial case evaluation and continues throughout your case to some extent. We collect evidence such as the deceased’s medical records, autopsy reports, police reports, and eyewitness accounts. Each item is evidence at trial or even during the settlement negotiation phase. We also spend this time investigating the responsible parties. Note that more than one party may be jointly and severally liable for the death of your family member and, thus, your wrongful death claim. This is a good thing because it ultimately could mean more coverage available.
During this entire phase, we are building your case. We do this throughout the timeline of a Maryland wrongful death case. But each piece of evidence we uncover may be vital in persuading a jury that the defendant is liable or that you suffered a given injury.
Note that we do not always file your wrongful death claim as part of the timeline of a Maryland wrongful death. We only file your claim with the court if we cannot settle your case. Although, if you are a minor, we must get your settlement certified by the court. The court does this as a measure of protection for minors and is more of a formality than anything. When we file a wrongful death claim, it means our efforts to settle have stalled. We may still be able to settle your case prior to a final judgment, but it is less likely. But sometimes, the mere act of filing a lawsuit can move the defense along. They generally wish to avoid the expense of litigating a case and paying their attorneys money in addition to losing at trial and having to pay out a hefty sum.
The discovery phase in the timeline of a Maryland wrongful death case is to make it such that there are no surprises at trial. If there are surprises at trial, it is theorized that the trial would be less fair. That is not the purpose of a trial. A trial’s purpose is to serve justice if it is so required. Thus, during the discovery phase, we exchange information on both sides. Key witnesses and parties are deposed, and written questions called interrogatories are exchanged. This helps clarify the facts and gather more evidence. We may bring in experts to provide specialized knowledge. This happens more in death cases than in other types of cases. We must extrapolate specific data to calculate your damages.
We only commence discovery if we have filed suit and served process against the defendant.
Before we begin negotiating the value of your case with defense counsel as a later part of the timeline of a Maryland wrongful death, we must assess the case’s value. This sometimes comes to light more so after the discovery phase. We often schedule a mediation with the other side for more severe cases like a death case in Maryland. Mediation takes place with attorneys for all parties and a mediator. A mediator is often a retired judge. This is typically an all-day event. While time-consuming, it is far more efficient and effective than going to trial. It saves you money and significantly increases the odds of coming to an amicable resolution.
Of course, a trial does not always come in the timeline of a Maryland wrongful death. Even if we file suit against the defendant, we may settle your case before the trial date. However, this is a last effort to resolve your case and get you the compensation you deserve. Knowing that a trial has a higher risk and potentially higher reward is critical. You may recover far more than you would by settling, but you may not get anything. To determine which is more likely to happen, consider a jury’s perspective. Would a jury in the county we will file suit in find the defendant or the plaintiff more favorable? If the defendant is a beloved institution, going to trial may not be in our best interest as the plaintiff.
On the other hand, if the case has a lot of media attention, it may be advantageous to go to trial or at least use that possibility as leverage to secure the maximum settlement. If we succeed at trial and receive a judgment from the court, we must collect the judgment. If we are dealing with an insurance agency, collecting is relatively easy. It may take a few weeks, but the insurer is almost guaranteed to pay. It is more of a wildcard if we have sued a small private company or individual.
Contact our office today for a free case evaluation or to learn more about the timeline of a Maryland wrongful death. Call us today at (202) 331-7227.
Copyright © 2024 Gelb & Gelb, P.C. All rights reserved.