Did you lose a loved one in a devastating fatal car accident in unincorporated Baltimore County? Are you wondering what legal options may be available to your family? If so, a Kingsville car accident lawyer at the Adam Smallow Injury Lawyers could help you get justice. We can help you navigate the fatal car accident claims process and explain what to expect from your case. For more information contact our Kingsville personal injury lawyer.
How Do Fatal Car Accidents Occur in Kingsville?
Fatal motor vehicle accidents across the Kingsville area continue to be a major cause for concern. However, many of these accidents are often preventable. Some common causes of fatal car accidents in Kingsville include:
- Speeding
- Tailgating
- Road rage
- Distracted driving
- Drunk and drugged driving
- Driving while fatigued
- Failure to stop at a stop sign or traffic light
- Failure to yield to the right of way
- Failure to use a turn signal
- Inclement weather
- Dangerous road conditions
- Malfunctioning or defective auto parts
Your attorney will begin investigating the cause of your loved one’s fatal car accident in Kingsville. Examining the cause of the collision will give us a better idea of who you could hold responsible for your family member’s death.
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Proving Liability for a Kingsville Fatal Car Accident
In wrongful death claims stemming from a fatal car accident, your attorney must prove liability based on a preponderance of the evidence. This standard means your attorney must show the judge and jury that the defendant is more than likely responsible for causing your family member’s death.
Whether the at-fault party intentionally or negligently caused the accident, the fact remains that they are responsible for causing your loved one’s death and should be held accountable for your family’s financial and emotional harm.
With that being said, several parties could share fault for your loved one’s passing. For example, suppose your loved one died in a fatal car accident caused by a drunk driver. Not only could you hold the drunk driver accountable, but your attorney would investigate whether any dram shops may have overserved or sold the defendant alcohol.
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Statute of Limitations for Fatal Car Accident Claims in Kingsville
If you want to file a wrongful death claim for a fatal car accident in Kingsville, you must take legal action quickly. The statute of limitations for wrongful death claims resulting from a fatal car accident allows family members three years from their loved one’s death to file.
Even though three years may seem like enough time to file a claim, you often have time-sensitive evidence in many wrongful death cases resulting from a fatal car accident. For example, suppose your attorney cannot recover video footage of the accident, chemical blood alcohol test results, and other relevant evidence in a timely manner. In that case, they might find it more challenging to pursue your case as the deadline nears.
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Important Wrongful Death Laws You Need to Know
You should be aware of several wrongful death laws in Maryland if you want to file a lawsuit for a fatal car accident in Kingsville.
Authority to File a Fatal Car Accident Claim
Under Maryland law, although you may be ready to file your claim for a fatal car accident, you must have the authority to do so. The wrongful death statute allows the decedent’s surviving spouse, parents, or children to file a lawsuit.
However, suppose the decedent has no such relatives. In that case, anyone related to the deceased by marriage or blood and financially dependent on the decedent could have the opportunity to file a wrongful death claim.
If you are unsure whether you have this right, our wrongful death attorneys could review your situation during a free consultation and determine your eligibility to file a claim.
Caps on Fatal Car Accident Damages
Many states place caps on the amount of damages individuals can recover in personal injury and wrongful death claims. These limits also apply to fatal car accidents. Under Maryland law, there is a cap on noneconomic damages such as emotional pain and suffering in wrongful death claims.
However, these caps can be complicated to understand. For instance, the amount of compensation you can recover for noneconomic damages in a wrongful death claim with just one beneficiary is $905,000 in 2022. Then, on October 1 of every year, this amount will increase by $15,000.
In addition, in cases where several parties would recover a wrongful death award, the cap on noneconomic damages is 150% of the cap for single beneficiaries at the time of the fatal car accident claim. Again, a wrongful death attorney can explain how these caps might apply to your case and how much your family could receive.
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Recoverable Damages in Kingsville Fatal Car Accident Claims
The decedent’s surviving family members have the right to recover specific types of damages in a Kingsville fatal car accident claim. Some common types of wrongful death damages that families receive include:
- Medical expenses
- Burial and funeral expenses
- Loss of income and future earning capacity
- Loss of companionship, protection, society, and comfort
- Loss of filial care, marital care, or parental care
- Emotional distress
- Loss of training, attention, advice, education, and guidance
- Loss of household services
- Loss of inheritance
Calculating many of these losses can be challenging. However, our attorneys have years of experience valuing noneconomic losses and future earning potential. As a result, we can determine how much your family deserves to offset the financial harm caused by your loved one’s death.
Get Help From a Fatal Car Accident Lawyer in Kingsville Today
If you want to learn more about how to bring the liable party to justice and ensure they compensate your family for the financial losses they caused, our team stands ready to assist. Our fatal car accident lawyers have the expertise and experience you need to handle your case while you take the time to mourn your family member’s death.
Schedule your no-cost, risk-free consultation today by calling the Adam Smallow Injury Lawyers or completing our online contact form.
Call or text (410)777-8960 or complete a Free Case Evaluation form