If your loved one died because of the careless actions of someone else, you might be eligible for compensation. You can pursue filing a wrongful death claim with the liable party’s insurance company. The Elkton personal injury lawyer with Adam Smallow Injury Lawyers can listen to your story and help you build a case that compensates your family for this terrible tragedy.
Adam Smallow Injury Lawyers understands the hardships you are facing. You deserve the time to be with your family and grieve for your loss. Reach out to us today and we can get started helping you through this.
What Is a Wrongful Death?
A wrongful death is caused by the misconduct or careless actions of another person or group who should have acted in a certain way. Because they neglected to do so, your loved one died as a result.
A wrongful death can happen under several circumstances, including:
- Motor vehicle accidents
- Premises liability
- Medical malpractice
- Use of defective products or dangerous drug
If you suspect that your loved one’s passing was caused by a negligent party, we can listen to your story and advise you on your next steps.
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Are You Eligible to File a Wrongful Death Claim?
Under Md. Cts. & Jd. Proc. Code 3-904, only certain family members can benefit from the compensation of a wrongful death claim.
The regulations outline a few exceptions, but in general, the following people might receive compensation for a wrongful death claim:
- The parent of a deceased child
- The husband of the deceased
- The wife of the deceased
- The child of the deceased
If no one fits into these categories, the person who was considerably dependent on the deceased, related by blood or marriage, may benefit from the compensation of a wrongful death claim.
Elkton Wrongful Death Attorney (410)777-8960
What Compensation Can You Qualify to Receive in a Wrongful Death Claim?
When you file a wrongful death claim, one type of compensation you could qualify to receive is lost financial support. Depending upon the circumstances in your case, a settlement from a wrongful death claim could also supplement the income you lost as you cared for your dying loved one. Your settlement could also include funds to cover the funeral and burial expenses.
However, Maryland law is clear that the losses related to a wrongful death claim do not only refer to financial loss. The impact on your family’s lives after losing your loved one was more than just financial.
You may qualify to receive other types of compensation as well. For example, you might get compensation for the following:
- Pain and suffering
- Mental anguish
- Loss of society or companionship
- Loss of comfort or attention.
- Loss of protection, advice, or counsel
- Loss of training, guidance, or education
- Loss of marital or parental care
A wrongful death lawyer can examine the Elkton accident that took your loved one’s life and the impact their passing had to determine a fair settlement value that accommodates all your losses.
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Proving Wrongful Death for Your Elkton Claim
To prove wrongful death, you will need to prove that a person or group had a responsibility to do something for your loved one and that they failed to do so.
For example, let’s say your loved one died during surgery because the surgeon failed to follow safe practices. In this case, the negligent surgeon failed to act in a way that should be standard for all his patients.
Or let’s say your loved one’s car gets hit by another driver running a red light. The at-fault driver should have followed the rules of the road and stopped at the red light intersection. He didn’t, and those actions resulted in the death of your loved one.
An attorney can go over the specific circumstances of your loved one’s death and help determine who is responsible.
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How Can a Wrongful Death Lawyer Help You?
You might be uncertain about your legal options, but you don’t have to go through the legal process alone.
A wrongful death lawyer can help you build your case and file your wrongful death claim. They can help you collect evidence to support a personal injury claim and help you determine who was at fault for the death of your family member.
A wrongful death lawyer will also be familiar with the laws and regulations that apply to your situation. They can advise you about the legal actions available to you and what sort of compensation you might be able to receive.
How Long do You Have to File a Wrongful Death Lawsuit?
How long you have to file a wrongful death lawsuit will depend on where you live. It can also depend on the specific circumstances of the death.
Under Maryland law, you typically have about three years after someone dies to file a wrongful death lawsuit, according to Md. Cts. & Jud. Proc. Code § 3-904.
However, there are exceptions to this statute. For example, if your loved one died because of exposure to harmful substances in the workplace, you may have up to 10 years to file a lawsuit.
Starting your case as soon as possible will ensure you don’t miss the deadline to file a lawsuit if you are unable to reach a just settlement with the insurance company.
How Else Can a Wrongful Death Lawyer Help?
It can feel overwhelming to think about hiring a lawyer, particularly while you’re grieving the loss of a loved one.
Our firm operates on contingency fees, meaning that we don’t charge you for our services unless you win your case. Our payment system allows you to explore your legal options up front to help you determine your next steps without worrying about the financial burden.
At Adam Smallow Injury Lawyers, we pride ourselves on focusing on your case so that you can focus on what matters. We have had highly positive reviews from our clients. We want to help you get the maximum amount of compensation that you deserve.
We have over 10 years of legal experience and serve our clients in various areas, including wrongful death claims. Here’s what just a few of our clients have had to say:
- “I have referred several clients to Mr. Smallow and all have been pleased with the level of service he provided. I would not hesitate to refer anyone looking for assistance to him. I highly recommend his services.” – Todd
- “It is critical that the lawyer is responsive and prompt. Adam is very responsive. He also achieves excellent results. I recommend him wholeheartedly.” – Jay
Get Started With a Free Consultation.
The wrongful death lawyers with Adam Smallow Injury Lawyers in Elkton are ready to help you with your family’s case. You can call us for your free consultation today. We are ready to listen and answer your questions.
Call or text (410)777-8960 or complete a Free Case Evaluation form