Upper Marlboro Wrongful Death Lawyers

Remember, Honor & Fight for Your Loved One

When you have lost a loved one to an accident, you need time to grieve. You also deserve to pursue justice and compensation from the party that caused your loss. Filing a wrongful death claim or survival action is probably not what you want to do while you are grieving, though. This is where the Law Office of James E. Farmer can step in and make your life much easier.

Our wrongful death attorneys in Upper Marlboro have years and years of collective experience with a focus on difficult, sensitive cases. We know how much you are going through right now, which is why we want to handle as much of your case for you as possible. Ideally, we will do everything and secure a maximized compensation amount for you, and you and your family can focus on moving through your grief.

We’re here to support you. Please call (301) 265-2220 or contact us online.

What is Wrongful Death?

Wrongful death refers to a legal concept where a person's death is caused by the negligence, recklessness, or intentional misconduct of another party. Essentially, it is a death that could have been prevented if proper care or caution had been exercised. Wrongful death laws allow certain surviving family members or dependents to bring a civil lawsuit against the responsible party or parties.

To succeed in a wrongful death lawsuit in Maryland, you generally need to establish the following elements:

1. Duty of Care: The first element typically involves demonstrating that the defendant (the party being sued) owed a duty of care to the deceased person. This duty of care varies depending on the relationship between the parties and the specific circumstances of the case. For example, a doctor owes a duty of care to their patients to provide competent medical treatment.
2. Breach of Duty: The next step is to show that the defendant breached their duty of care to the deceased person. This means proving that the defendant failed to act with the level of care and caution that a reasonable person (or professional, in the case of medical malpractice or similar situations) would have exercised in similar circumstances. This breach of duty could involve actions such as negligence, recklessness, or intentional misconduct.
3. Causation: There must be a causal connection between the defendant's breach of duty and the death of the deceased person. In other words, you must prove that the defendant's actions or omissions directly contributed to or caused the death. This can sometimes be complex, particularly in cases where multiple factors may have contributed to the death.
4. Damages: You must demonstrate that the death resulted in compensable damages. This typically includes economic damages such as medical expenses, funeral and burial costs, and loss of financial support, as well as non-economic damages such as pain and suffering, loss of companionship, and emotional distress suffered by surviving family members.

In Maryland, only certain individuals are allowed to file a wrongful death claim. Typically, this includes the surviving spouse, children, and parents of the deceased. If there are no surviving individuals in these categories, then other family members who were dependent on the deceased person may be eligible to file.

It’s important to file the wrongful death lawsuit within the applicable statute of limitations in Maryland, which is generally three years from the date of death. Failing to file within this timeframe can result in the loss of the right to seek compensation.

Who Can File a Wrongful Death Lawsuit in Upper Marlboro?

In Maryland, the right to file a wrongful death lawsuit is strictly limited to certain family members of the deceased, categorized as primary beneficiaries and secondary beneficiaries. The law is designed to prioritize those who have suffered the greatest emotional and financial impact from the loss.

Primary Beneficiaries: Spouse, Children, and Parents

The primary beneficiaries in a wrongful death claim include the deceased’s:

• Spouse – The surviving spouse of the deceased has the first right to file a wrongful death lawsuit. A spouse may seek compensation for the loss of companionship, emotional support, and financial contributions.
• Children – The biological or legally adopted children of the deceased can also file a wrongful death claim. Children can recover damages for the loss of parental care, guidance, and financial support.
• Parents – If the deceased was unmarried and had no children, the deceased’s parents may file a wrongful death claim. Parents may seek damages for emotional suffering and the loss of companionship resulting from the death of their child.

In most cases, these primary beneficiaries have the exclusive right to pursue a wrongful death claim. If one or more of these individuals exist, they must bring the claim collectively, or one of them may proceed on behalf of all qualified family members.

Secondary Beneficiaries: Siblings, Cousins, and Other Relatives

If no primary beneficiaries (spouse, children, or parents) exist or are willing to file a claim, secondary beneficiaries may pursue a wrongful death lawsuit. Secondary beneficiaries include:

• Siblings
• Cousins
• Nieces and nephews
• Other relatives who were financially dependent on the deceased

To qualify, secondary beneficiaries must demonstrate that they were significantly dependent on the deceased person for financial support or care. These individuals can only bring a claim if no primary beneficiaries are available to do so.

Personal Representative Filing a Survival Action

It is important to note that Maryland law also allows for a survival action to be filed by the personal representative of the deceased’s estate. A survival action is distinct from a wrongful death claim and seeks to recover damages that the deceased suffered before death, such as medical expenses, lost wages, and pain and suffering. The compensation from a survival action is paid directly to the deceased’s estate and distributed according to the terms of the will or Maryland’s intestate laws if no will exists.

Special Considerations for Minors and Guardianship

If a child is the rightful claimant, a parent or legal guardian may file the wrongful death claim on their behalf. Similarly, if a mentally incapacitated individual is the beneficiary, a guardian or representative may initiate the claim to protect the person’s interests.

Multiple Beneficiaries and Distribution of Damages

When there are multiple eligible beneficiaries, Maryland law requires that the compensation awarded in a wrongful death case be distributed equitably among the claimants. If disputes arise over the allocation of damages, the court may intervene to determine the appropriate distribution.

Since Maryland law imposes strict rules on who can file and how claims are handled, it is essential for families considering a wrongful death lawsuit to consult with an experienced attorney who can guide them through the process and protect their rights.

Maryland Wrongful Death Statute of Limitations

Maryland has a three-year statute of limitations on wrongful death cases, which begins on the date that the deceased passed away. Three years might seem like a long time, so you might not feel like you need to start your wrongful death claim right away. However, please remember that convincing evidence of liability is usually the strongest shortly after the fatal accident or incident. Also, time can move by fast while you are grieving, even if some hours seem slower than normal.

Compensation to Help You Through Your Grief

There is no way that your loved one can ever be replaced or forgotten. The harm you have suffered from their untimely death cannot be undone. But there is still room and reason to demand compensation from the party that caused their passing. Regaining financial stability after losing your loved one can help you focus on your grief, rather than stressing about bills that are stacking up. You deserve at least as much.

Your wrongful death claim damages could include:

• Final medical expenses related to your loved one’s death.
• Funeral and burial costs (up to a “reasonable” cap).
• Income your loved one would have earned in life.
• Your anguish after losing a companion or parent.
• Pain and suffering endured by your loved one due to their fatal injury or illness.
• Value of household, day-to-day services often completed by your loved one.

If your loved one lost their life due to the mistakes of a major corporation or company, then punitive damages might be available to you. This is because punitive damages are paid by the defendant, not their insurance company, so courts usually only approve of them when the defendant has substantial finances. For example, if your loved one lost their life in a truck accident, then the trucking company might be ordered to pay punitive damages.

Initial consultations are free for inquiring clients. Call our Waldorf wrongful death attorneys at (301) 265-2220 today.

FAQ on Wrongful Death Claims in Upper Marlboro

What Can I Expect from a Wrongful Death Consultation with an Attorney?

At Farmer & Klopfer, an initial consultation is an opportunity for you to discuss your situation with compassion and confidentiality. During this meeting, we will gather the details surrounding the incident, including your relationship to the deceased and the circumstances leading to their death. This information helps us understand your legal standing and potential routes for pursuing a claim. It's also a chance for you to ask questions and learn more about our approach to handling wrongful death cases. We aim to provide guidance so you can make informed decisions about proceeding with a claim.

How Long Does a Wrongful Death Claim Take to Resolve?

The timeline for resolving a wrongful death claim can vary depending on several factors, including the complexity of the case, the amount of evidence available, and whether the case settles out of court or goes to trial. On average, cases can take anywhere from a few months to several years. At Farmer & Klopfer, we strive to process claims efficiently without compromising the thoroughness needed to secure a favorable outcome. We keep you updated on the progress, so you're never left in the dark about what's happening with your case.

What Types of Damages are Available in a Wrongful Death Case?

Wrongful death cases can include a variety of damages to address both economic and non-economic impacts. Economic damages cover tangible losses such as medical expenses, loss of income, and funeral costs. Non-economic damages compensate for less tangible impacts, like emotional distress and loss of companionship. In some cases, punitive damages may also be pursued if the death resulted from particularly reckless behavior. Our attorneys meticulously document and calculate these damages to ensure comprehensive compensation reflective of the true impact on your life.

How is Negligence Proven in a Wrongful Death Lawsuit?

Proving negligence in a wrongful death lawsuit involves demonstrating that the defendant owed a duty of care to the deceased, breached this duty, and directly caused the death through their actions or omissions. This requires thorough evidence gathering, which might include witness testimonies, expert reports, and physical evidence from the scene. Our team at Farmer & Klopfer is adept at piecing together this information to construct a compelling narrative that highlights the defendant's culpability, ensuring a persuasive argument in pursuit of justice.

Our firm is ready to help you and your family through this difficult time. Contact us today at (301) 265-2220 to get started on your claim.