The chances of winning a wrongful death suit depend on various factors, including the specifics of the case and the evidence presented. Each wrongful death case is unique, and outcomes can vary widely. Families pursuing these claims must establish that negligence or intentional harm caused their loved one’s death.
Understanding the legal process and gathering strong evidence are crucial steps toward a successful outcome. While navigating a wrongful death lawsuit can be complex and emotionally challenging, a Maryland wrongful death lawyer can provide invaluable guidance and support throughout the process.
Factors Influencing the Outcome of a Wrongful Death Case
Several key factors can impact the chances of winning a wrongful death lawsuit. A personal injury attorney can explain these elements and help your family prepare for the legal process and set realistic expectations.
Strength of Evidence
The strength and quality of evidence play a crucial role in wrongful death cases. This includes such evidence as:
- Medical records
- Accident and police reports
- Eyewitness testimonies
- Expert witness reports
- Photographic and video evidence
Any physical evidence from the accident may prove useful in your family’s wrongful death case. The more compelling the evidence, the higher the likelihood of a favorable outcome.
Clear Establishment of Negligence
To succeed in a wrongful death suit, the plaintiff must clearly establish that the defendant’s negligence or intentional actions directly caused the death. This requires a thorough investigation and a clear demonstration of the four elements of negligence:
- Duty of care: This is the relationship between the defendant and the plaintiff. We must show how the defendant had a legal obligation not to harm or allow harm to the plaintiff.
- Breach of that duty: This is the decision the defendant made. We must show how the defendant’s actions or inactions violated their duty of care to the plaintiff.
- Causation: This is the result of the breach. We must connect the accident and fatal injuries to the defendant’s breach of duty.
- Damages: These are the physical injuries, emotional distress, and financial burdens the family now faces. We must show that the family now suffers losses because of their loved one’s death.
Each element of negligence must be supported with evidence.
Legal Representation
There is no law that states you must have an attorney, and there is no guarantee that having an attorney will increase your chances. That said, a legal representative who understands wrongful death law can help you avoid mistakes, errors, and pitfalls during the legal process. A lawyer can effectively navigate the legal system, gather necessary evidence, and build a strong case to present in court, allowing you and your family the time you need to grieve in peace.
Financial Resources
Wrongful death cases can be lengthy and costly. The availability of financial resources to cover legal fees, expert witness costs, and other expenses can impact the ability to sustain a case through to a successful conclusion.
To address this issue, we recommend working with a law firm that works on contingency. A contingency-fee agreement has the law firm handle the expenses related to building your wrongful death case. You pay no hourly rates or retainer. Instead, the law firm only receives payment when you win a settlement or court award. Additionally, the amount they receive is a pre-approved portion. It removes any further financial burden on you and your family.
Defendant’s Conduct
The conduct of the defendant, including any prior history of similar behavior or attempts to cover up wrongdoing, can influence the case’s outcome. If the defendant is facing criminal charges, the criminal case would take priority. Your civil case could be paused until the criminal case is resolved.
Plus, courts may view egregious conduct more harshly, potentially leading to punitive damages. First, punitive damages are very rare, but when they are awarded, they are used to punish the defendant for their behavior and act as a warning to others not to do the same thing.
Timing of the Case
The timing of filing a wrongful death suit is also critical. Statutes of limitations vary by state, and missing these deadlines can result in the dismissal of the case, regardless of its merits. For example, the statute of limitations for wrongful death in Maryland is under Md. Cts. & Jud. Proc. Code § 3-904. The deadline in these cases is three years. There are exceptions that could stall this deadline, but you must file your lawsuit within that period.
Contacting a lawyer early to assist your family with your loved one’s wrongful death case can also help to preserve evidence. Depending on the nature of the accident, evidence may be lost or destroyed if you wait too long. For example, witnesses’ memories can fade over time.
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Common Accidents Leading to Wrongful Death Claims
Wrongful death claims can arise from a variety of accidents where negligence or intentional actions result in the loss of life. Understanding the types of accidents that commonly lead to these claims can help families recognize potential cases.
- Car accidents
- Truck accidents
- Medical malpractice
- Motorcycle accidents
- Premises liability
- Boating accidents
- Workplace accidents
- Defective products
- Nursing home neglect
- Bicycle accidents
- Pedestrian accidents
These types of accidents frequently lead to wrongful death claims when negligence or wrongful actions are involved.
Eligibility to File a Wrongful Death Claim
The right to file a wrongful death claim varies by state, but in Maryland, generally immediate family members and, in some cases, extended family or financial dependents may file, such as spouses, children, and parents.
The personal representative or executor of the deceased’s estate can also file a wrongful death claim on behalf of the estate. Any awarded damages will be distributed to the rightful beneficiaries according to Maryland law.
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Adam Smallow Injury Lawyers Can Assist Your Family
Adam Smallow Injury Lawyers can help you navigate the complexities of a wrongful death lawsuit. Our legal team works on a contingency basis, meaning you pay nothing unless we win your case. With compassionate support and legal knowledge, we strive to secure the compensation you deserve.
Call us today for a free consultation to discuss your case. Learn how Adam Fights for your family during this challenging time.
Call or text (410)777-8960 or complete a Free Case Evaluation form