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Wrongful Death
Maryland Wrongful Death Cases
Wrongful death is a legal phrase defined in Maryland as to address one-half of the two clams that living family members can file when someone’s negligence causes death to their love ones. This is a fatal accident which arises in negligence from another or company in cases like car accident, defective produce, and medical malpractice.
The Soubra Law Firm can help with your wrongful death case. If necessary, the Soubra Law Firm can bring other attorneys to help with the case. It is important that you consult with an attorney immediately so that you can preserve the evidence and begin to work on your case. The Soubra Law Firm can help your surviving family members to recover for economic and emotional loss that they have suffered due to the fatal accident.
How do you Begin With a Wrongful Death Action?
The family of a wrongful death accident can file a claim for wrongful death. This claim is brought by the Maryland wrongful death statute. The survivors can start an estate where the victims can start a claim under the Maryland survival action. A few jurisdictions like in Maryland a personal representative can start a survival action of the estate on behalf of the estate to recover damages for injury while alive to a fatally injured person.
The loved ones and families have the legal right to recover compensation for both pain and suffering of losing someone you love and economic loss caused to them by the death. At one time, wrongful death was not acknowledged as claims in Maryland. Due to case history, when one was killed due to the negligence of another or company, any type of personal injury suite that can be made for the accident stops when the victim dies.
Current state of the law in Maryland live every state has a law that permits the family members to recover when a wrongful death event occurs. Here, the Soubra Law Firm can help you recover for a wrongful death event. The attorney can help you seek compensation for the victim’s loved ones or family in event of motorcycle, car and truck accidents claims, malpractice from a doctor, and/or defective products causing death to the victim.
There is a maximum recovery for wrongful death claims in Maryland which is called a cap. However, on economic damages in wrongful death claim there is no cap. Loss of future earning capacity drives values in wrongful death claim. For instance, what the victim could have earned in compensation if the person at fault had not killed the victim due his negligence.
For a Wrongful Death Suit is There a Statute of Limitations?
The answer is yes. It is important that you act fast, so that the Statute of Limitations does not bar your ability to sue if you are a family member who has lost a loved one due to someone’s negligence. Pursuant Courts and Judicial Proceedings Section 3-904(g)(1), Maryland law forecloses on a wrongful death claim after 3 years of the event. In some circumstances, there are exceptions to the three year rule, but this is limited to a small number of cases.
Can the Statute of Limitations be Waived?
This rarely happens, but there are instances where the statute of limitations can be waived.
Is Wrongful Death a Civil Suit or Criminal Case?
Wrongful death suit is a civil action to recover for money damages for the loss of their loved one by surviving family members.
What is the Timeline for a Wrongful Death to be Completed?
Many wrongful death cases will take one to two years to settle either by trial or an out-of-court settlement. As far as largest settlement are in truck accident cases because there is a lot of insurance coverage. With regards to medical malpractice, wrongful death cases are less than cases involving with truck accident. Wrongful death claims in car accident cases can take one to two years.
Finding a Lawyer
If you have lost a loved one in a deadly car accident in Maryland and would like to consult to an attorney about your potential case, call our firm at 301-219-5038 for a free, no obligation consultation. Speak to a lawyer so you do not lose any rights by allowing time to run out.
As your Frederick Wrongful Death Attorney, the Law Firm is here to serve Frederick, Montgomery, Washington, and Carroll Counties as well as the remaining Maryland area. The Firm would like to be your Wrongful Death Lawyer.