Losing a loved one because of someone else’s negligence devastates families. In Maryland, a wrongful death claim helps families recover damages, but the legal process is often complex and challenging to navigate.
What is a wrongful death claim?
A wrongful death claim seeks compensation when someone dies due to another party’s negligence or intentional actions. In Maryland, only certain family members, such as the spouse, children, or parents, can file a wrongful death claim to obtain compensation for their loss.
Key elements in a wrongful death claim
To succeed, the claimant must prove that the responsible party had a duty of care, breached this duty, and that the breach directly caused the death. This often requires gathering evidence and building a strong case to show negligence.
Types of damages recoverable
Maryland allows eligible family members to recover damages for emotional pain, lost income, medical expenses, and funeral costs. These damages aim to provide some financial relief during an incredibly difficult time. Maryland law caps non-economic damages, such as emotional pain, which can limit the total amount recoverable.
Statute of limitations
Claimants must file a wrongful death claim within three years from the date of death. Missing this deadline means losing the right to pursue compensation, making it crucial to act promptly to protect the family’s legal rights.
Legal challenges in wrongful death cases
Wrongful death claims involve legal complexities. Insurance companies often try to reduce liability, making it difficult to receive fair compensation. Consulting an experienced wrongful death attorney can help ensure families receive the compensation they deserve and navigate the legal process more effectively.
The loss of a loved one cannot truly be compensated, but pursuing a wrongful death claim may help bring a sense of justice and financial stability during a difficult time. Having strong legal support can make all the difference in achieving a good outcome for the family.
