How to Pursue a Wrongful Death Claim in Maryland

Pursuing a wrongful death claim in Maryland involves a systematic approach that requires an understanding of the state’s laws and processes. This type of claim arises when a person dies due to another party's negligent or wrongful actions. Below, we outline the essential steps to take in order to navigate this complex legal landscape.

1. Understand the Definition of Wrongful Death

In Maryland, a wrongful death claim is defined as a lawsuit filed by surviving family members or representatives of the deceased individual. The claim must demonstrate that the death was caused by another party's wrongful act, neglect, or default, which would have allowed the deceased to file a personal injury lawsuit had they survived.

2. Identify Who Can File a Claim

Maryland law specifies who may file a wrongful death claim. Typically, the personal representative of the deceased person’s estate is responsible for initiating the claim. This is often a family member or someone appointed by the deceased's will. Additionally, surviving family members, including spouses, children, and parents, may be entitled to seek damages.

3. Gather Evidence

Collecting sufficient evidence is crucial in a wrongful death claim. This includes medical records, accident reports, witness statements, and any documentation that supports the negligence or wrongful act. Thorough evidence will strengthen your case when pursuing compensation for damages.

4. Consult with an Attorney

Engaging an experienced wrongful death attorney in Maryland can provide invaluable assistance. A knowledgeable lawyer will guide you through the legal process, help you gather evidence, and ensure that your claim is filed correctly and within the statute of limitations, which is typically three years from the date of death in Maryland.

5. Determine Damages

In wrongful death claims, damages may include economic and non-economic losses. Economic damages can cover medical expenses, funeral costs, loss of income, and future earning potential. Non-economic damages may include pain and suffering, loss of companionship, and emotional distress. Accurately assessing the total damages is essential for a fair settlement.

6. File the Claim

Once you have your evidence and legal counsel, you can file the wrongful death claim in the appropriate Maryland court. The claim must be well-documented and adhere to specific legal standards. Your attorney can help draft the necessary legal documents and ensure compliance with all deadlines.

7. Negotiation and Settlement

After filing the claim, the next step involves negotiating with the insurance company or the opposing party. Many wrongful death claims are settled out of court. Your attorney will play a key role in negotiations, seeking a fair settlement that compensates you for your loss. If an agreement cannot be reached, your case may proceed to trial.

8. Prepare for Trial

If the case goes to trial, preparation is vital. This includes presenting evidence, witness testimonies, and expert opinions to establish your case effectively. Your attorney will represent your interests and work to prove that the other party’s negligence directly caused the wrongful death.

Conclusion

Pursuing a wrongful death claim in Maryland can be a challenging journey, but understanding the steps involved can help survivors achieve justice for their loss. Working closely with a qualified attorney can significantly enhance your chances of obtaining the compensation you deserve during this difficult time.