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 Upper Marlboro wrongful death attorneys have years and years of collective practice 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.

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. Our Waldorf wrongful death attorneys are standing by.

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.

We encourage you to not risk missing your window to seek justice and compensation in the name of your lost loved one. Please call (301) 265-2220 and talk to us right away, so we can discuss the details of your case. When our personal injury attorneys are working on your case, we can ensure that no statute of limitations expires before a claim is filed.