Did you recently lose a loved one in a fatal car accident in the Baltimore area? Their death has probably left you and your family feeling devastated and wondering how you can ensure justice is served.
While the state’s prosecuting attorney will determine whether to file criminal charges, you can take justice into your own hands by contacting a Baltimore car accident lawyer at the Adam Smallow Injury Lawyers for help. With our firm by your side, you can fight to hold the liable party accountable for their recklessness. For more information contact our Baltimore personal injury lawyer.
Determining Responsibility for a Fatal Car Accident in Baltimore
Establishing liability following a fatal car accident is essential. You could compel the at-fault party to compensate your family for the damages you have suffered following the loss of your loved one.
According to the Maryland Department of Transportation, Baltimore had 63 fatal car crashes in 2020. These deadly car accidents had many causes, including:
- Failure to yield
- Failure to stop
- Making illegal turns
- Distracted driving
- Driving while intoxicated
- Driving while fatigued
- Tailgating
- Road rage and aggressive driving
- Defective or malfunctioning motor vehicle parts
- Dangerous road conditions
How your loved one’s fatal car accident occurred will allow your attorney to assign responsibility more easily. For example, suppose your loved one died in a fatal car accident caused by a drunk driver. In that case, your lawyer could pursue damages from the negligent driver as well as any bars or restaurants in the area that may have overserved the driver, thus sharing responsibility for the wreck.
Defective Parts Open More Avenues to Pursue Damages in Fatal Car Accidents
If a defective or malfunctioning car part caused the fatal car accident, other parties could share liability, such as:
- Maintenance technicians
- Safety inspectors
- Auto parts designers
- Auto parts manufacturers
- Auto parts distributors
- Auto parts suppliers
- Auto dealerships
You must prove fault based on a preponderance of the evidence. Therefore, your attorney will conduct an in-depth investigation into the cause of the accident to obtain the evidence needed to support your case.
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How Does the Baltimore Fatal Car Accident Claims Process Work?
After you lose a loved one in a fatal car accident, you might hesitate to contact a lawyer for help. After all, your family might still be grieving their loss. However, when someone else is responsible for causing your loved one’s death, it is up to you to get the justice and compensation you need to move forward with your life.
We want you to understand better how the claims process works to help you decide whether to take legal action. So, here is a basic idea of what you can expect your car accident lawyer to do in a Baltimore crash case:
- Investigate the cause of the accident
- Gather evidence needed to prove liability in your case
- Analyze how your family members’ lives have been affected by your loss to calculate the value of your fatal car accident claim
- File a claim with the insurance company once they’ve established your claim’s worth
- Negotiate with the insurance company to obtain a reasonable settlement
- Prepare to bring your case to court should settlement talks falter
- Argue your case before a judge and jury and advocate for maximum compensation for your damages
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Who Has the Right to File a Wrongful Death Claim in Baltimore?
Family members often have two types of legal action they can pursue following a fatal car accident in Baltimore:
- Wrongful death: Family members pursue damages from the at-fault parties for the losses they’ve suffered, such as their emotional pain and suffering.
- Survival action: The decedent’s personal representative seeks damages for the actual harm that the victim suffered, such as medical bills incurred before their death.
It’s also essential to know whether you have the right to file a wrongful death claim. Under Maryland law, only the decedent’s surviving spouse, parents, and children have the right to file a wrongful death claim.
If the decedent did not have any eligible surviving family members, anyone related to the decedent by blood or marriage who was financially dependent on them could file for wrongful death. One of our fatal car accident attorneys can help you determine whether you have the standing to file a claim.
How Long Do I Have to File My Baltimore Fatal Car Accident Claim?
Both wrongful death and survival actions following a fatal car accident have three-year deadlines under Maryland’s statutes of limitations. However, if this deadline passes before you have filed your lawsuit, you could lose your opportunity to have your case heard in the Baltimore civil courts.
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How Are Damages Paid Out in Fatal Car Accident Claims?
In fatal car accident claims, the estate receives damages from a survival action, while the decedent’s surviving family members recover in a wrongful action lawsuit. Some damages your family could receive in a wrongful death claim include:
- The decedent’s financial contributions to the family
- Loss of companionship and love
- Loss of consortium and marital care
- Loss of society and support
- Loss of comfort and advice
- Loss of parental or familial care
Meanwhile, a survival action would seek compensation for your loved one’s:
- Medical expenses
- Funeral and burial expenses
- Pain and suffering
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Reach Out to a Fatal Car Accident Lawyer in Baltimore for Help Today
Are you ready to take legal action against the individual or entity responsible for your loved one’s passing but unsure how to get started? If so, you can get in touch with a Baltimore fatal car accident lawyer at the Adam Smallow Injury Lawyers.
Our team has the experience needed to pursue fatal car accident claims in Greater Baltimore. In addition, we offer free initial consultations. So, call us today or complete our online form to get started.
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