The statute of limitations is a legal deadline for filing lawsuits. For example, a wrongful death claim in Maryland should be initiated within three years from the date of the decedent’s death. Another way to put it, you have three years to file a wrongful death lawsuit seeking compensation for the loss of a loved one due to someone else’s negligence or wrongful actions.
Knowing the statutory deadline for your family’s wrongful death claim can protect your right to compensation. In wrongful death cases, timely action is also essential to preserve evidence and build a strong case. Consulting with a Maryland wrongful death lawyer can help you with the legal process and ensure your family meets all deadlines.
Understanding Maryland’s Wrongful Death 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 decedent’s death. This time limit is critical to ensuring that your lawsuit is considered valid in court. However, there are several exceptions and nuances to this rule that families should be aware of when pursuing a wrongful death lawsuit.
Discovery Rule
In some cases, the cause of death might not be immediately apparent. If the cause of death is discovered later, Maryland’s discovery rule may apply. This rule allows the statute of limitations to begin from the date the cause of death was discovered or reasonably should have been discovered.
The term “reasonably discovered” refers to the point at which a person, through the exercise of reasonable diligence, would have uncovered the cause of death. Courts evaluate this based on what a typical, prudent individual would have done under similar circumstances. This includes:
- Investigation efforts: Did the family or representatives take reasonable steps to investigate the death?
- Available information: Was there sufficient information available that could have led to the discovery of the cause of death?
- Professional opinions: Were there expert opinions or medical diagnoses that should have prompted further investigation?
- Notice of harm: Was there an obvious indication of harm that would prompt a reasonable person to inquire further?
The discovery rule typically applies to medical malpractice cases, such as nursing home neglect and abuse. Under Md. Cts. & Jud. Proc. Code § 5-109, you typically have five years from the date of death and three years from the date of discovery. Special procedural requirements also apply to these cases, such as obtaining a certificate from a qualified expert and filing your claim with the Health Care Alternative Dispute Resolution Office (HCADRO).
Fraud or Concealment
If the responsible party deliberately concealed their involvement in the wrongful death, the statute of limitations might be extended. In such instances, the clock starts when the concealment is discovered or reasonably should have been discovered, ensuring that fraudulent actions do not prevent families from seeking justice.
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Notice Requirements for Wrongful Death Claims
Notice requirements are an essential aspect of wrongful death claims, particularly when the defendant is a government entity, such as a city, county, or state agency.
When a wrongful death claim involves a government entity, the Maryland Tort Claims Act (MTCA) imposes strict notice requirements. You must provide written notice of your claim to the State Treasurer or the designee of the State Treasurer within one year of the incident. This notice must include:
- Description of the incident
- Date and place
- Names of involved parties
- Nature of the claim
- Damages sought
Failing to provide timely notice can result in the dismissal of your claim. Courts strictly enforce these deadlines, and missing the notice period typically bars you from pursuing your wrongful death claim against the government entity.
Additional Considerations for Wrongful Death Statute of Limitations
The statute of limitations for wrongful death claims involves more than just knowing the basic deadlines and exceptions. Several additional factors can influence the timeline of a wrongful death claim.
Taking prompt legal action not only protects your right to sue but also aids in preserving evidence. Your wrongful death attorney can start investigating early and collect evidence before it is lost or destroyed. They can locate witnesses while memories are fresh and gather crucial documentation.
Multiple Defendants
In wrongful death actions involving multiple defendants, it is important to ensure that each negligent party is correctly identified and included in the lawsuit within the statute of limitations. Misidentifying or omitting a liable party could result in losing the right to seek compensation from that party.
Impact of Criminal Proceedings
If a wrongful death is also the subject of a criminal case, the outcome of the criminal proceedings can impact the civil claim. However, the statute of limitations for the wrongful death claim continues to run regardless of the criminal case’s status. Therefore, it is essential to proceed with the civil claim within the prescribed timeframe.
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A Wrongful Death Lawyer Can Be a Great Asset During This Difficult Time
The period following a wrongful death is often emotionally overwhelming. Families may need time to grieve and manage practical matters related to their loss. While it is important to be aware of legal deadlines, balancing these with personal and emotional needs is also important.
A personal injury attorney can help ensure that all procedural requirements are met and deadlines are adhered to so that your family is given the peace they need to heal from this painful loss. We will:
- Investigate the accident that killed your loved one
- Gather evidence, including police reports, medical records, and witness statements
- Consult with experts in medical, finance, and accident reconstruction
- Calculate your family’s damages, including pain and suffering and loss of support
- File your claim and negotiate for a fair settlement from the insurance companies
- Represent your family in court if a settlement cannot be reached.
Don’t accept a low settlement. We can help you fight back and get the compensation your family deserves and needs.
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Adam Fights for Families Facing a Wrongful Death Case
Adam Smallow Injury Lawyers can help you with your family’s wrongful death claim. Our personal injury lawyers work on a contingency basis, meaning you pay nothing unless we win your case. We understand the challenges you face and are dedicated to seeking justice for your loved one.
Call us today for a free consultation and let us take your family from Hurt to Help®.
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