![How Do I Prove Wrongful Death in Maryland](https://cdn.powa.com/www.mdaccidentlaw.com/images/wp-content/uploads/2024/07/how-do-i-prove-wrongful-death-in-maryland-300x200-300-critical-desktop.jpeg.webp)
To prove wrongful death in Maryland, you must show that a person’s death resulted from another party’s negligence or wrongful act. This involves establishing that the responsible party owed a duty of care to the deceased. You must then show that the responsible party breached that duty and caused the death as a direct result. You must also show how the damages have affected the surviving family members.
Proving negligence requires evidence, such as medical records, witness statements, and expert testimony. The legal process can be complex and emotionally challenging for a family dealing with grief. A Maryland wrongful death lawyer can provide the necessary guidance and support to navigate these legal requirements.
Establishing Liability in a Maryland Wrongful Death Case
Proving wrongful death in Maryland involves a systematic approach to establishing liability. It requires demonstrating that the death was directly caused by another party’s negligence or intentional actions. This process is broken down into several key elements that must be proven in court.
Duty of Care
The first step in proving wrongful death is demonstrating that the responsible party owed a duty of care to the deceased. Duty of care refers to the obligation to act with a certain level of caution and prudence to prevent harm to others. This could be a driver’s responsibility to follow traffic laws or a medical professional’s duty to provide standard medical care.
Breach of Duty
Once the duty of care is established, it is necessary to show that the responsible party breached this duty. A breach occurs when the individual or entity fails to act according to the required standard of care. For instance, if a driver was texting while driving or a doctor failed to diagnose a treatable condition, these actions could constitute a breach of duty.
Causation
Proving causation involves linking the breach of duty directly to the death. It must be shown that the negligent actions or inactions of the responsible party caused the fatality. This step often requires the collection of evidence such as:
- Medical records
- Autopsy reports
- Accident and police reports
- Witness statements
- Expert witness testimonies
- Surveillance footage
- Photographs of the accident scene
- Financial records
- Communication records (e.g., emails, texts)
- Safety records and logs
This evidence is used to establish a clear connection between the liable party, the breach, and your loved one’s death.
Damages
Finally, it is essential to prove that the death resulted in quantifiable damages. Damages in a wrongful death case can include the following:
- Funeral and burial expenses
- Medical expenses related to the deceased’s final injury or illness
- Loss of financial support and benefits
- Loss of inheritance
- Loss of companionship and consortium
- Pain and suffering endured by the deceased prior to death
- Emotional distress and mental anguish
- Loss of guidance and nurturing
- Loss of household services provided by the deceased
In some rare cases, families may be awarded punitive damages if the defendant’s actions were particularly egregious.
Calculating these damages typically involves detailed documentation and expert analysis.
Contact Us Today And Take The First Step Towards Justice In Your Case! Call (410)777-8960
Special Criteria to Consider for Wrongful Death Cases in Maryland
There are specific laws and considerations unique to Maryland that readers should be aware of when proving a wrongful death case:
Statute of Limitations
Per Md. Cts. & Jud. Proc. Code § 3-904, the statute of limitations for filing a wrongful death lawsuit is generally three years from the date of the deceased person’s death. It is crucial to file the claim within this period to avoid losing the right to pursue compensation through the courts.
Beneficiaries
Md. Cts. & Jud. Proc. Code § 3-904 also specifies who can file a wrongful death claim. Primary beneficiaries include the spouse, children, and parents of the deceased. If there are no primary beneficiaries, secondary beneficiaries such as siblings or cousins may file a claim.
Caps on Non-Economic Damages
Maryland imposes caps on non-economic damages, such as pain and suffering and loss of companionship. These caps are adjusted annually and are different for medical malpractice cases compared to other types of wrongful death claims. Your personal injury lawyer can explain the caps on your wrongful death claim and how much your family may receive.
Survival Action
In addition to a wrongful death claim, which provides the family with compensation, Maryland law allows for a survival action. A survival action is brought by the decedent’s estate. It allows the estate to recover damages the decedent could have pursued had they lived. This includes compensation for the decedent’s pain and suffering, medical expenses, and lost wages up until the decedent’s time of death.
Role of a Lawyer in Proving a Wrongful Death Case
A wrongful death attorney can help a family manage their case so that they can heal from their loss. They have the knowledge and resources to establish liability and secure compensation.
Investigate Your Loved One’s Accident
Your lawyer understands Maryland’s wrongful death laws and the specific requirements to prove such a case. They can develop a legal strategy tailored to the unique circumstances of your case. Their investigators can gather and preserve evidence. Plus, they know what evidence is most compelling and how to present it effectively in court.
Expert Testimonies
Your lawyer will have access to a network of experts who can provide critical testimony to support your case. These experts can clarify complex medical, technical, or financial details, helping to establish causation and quantify damages.
Negotiating with Insurance Companies
Insurance companies often aim to minimize payouts. You do not have to accept a low settlement offer. You can fight back. Your lawyer can negotiate with these companies on behalf of your family to seek a fair settlement. And they understand the tactics insurers use and can counter them effectively.
Handling Legal Procedures
If negotiations fail, your lawyer will manage all legal paperwork, filings, and court appearances, ensuring compliance with Maryland’s legal requirements and statutes of limitations.
Click to contact our personal injury attorneys today
Adam Smallow Injury Lawyers Will Take Your Family From Hurt to Help®
Adam Smallow Injury Lawyers can provide the expertise and support needed to prove your wrongful death case. They work on a contingency fee basis, meaning you pay nothing unless they win your case. With their knowledge of Maryland’s wrongful death laws and commitment to your family’s best interests, they can help you navigate this challenging time.
Call today for a free consultation to discuss your case and understand your legal options.
Call or text (410)777-8960 or complete a Free Case Evaluation form