Wrongful Death Lawyers in Pikesville, MD Fighting For the Rights of Families Impacted by Wrongful Death
When a loved one suddenly dies due to the negligence or carelessness of another person, the aftermath can be devastating. The sudden loss of a loved one is difficult enough without the added trauma of knowing that the death could have possibly been prevented.
Sadly, when a family experiences a wrongful death, the victim was often the main source of income and financial support. The family is now suddenly faced with overwhelming expenses, such as the cost of the funeral and other associated expenses, along with the permanent loss of the deceased’s income.
In Maryland, a wrongful death claim is essentially a personal injury claim that is made by the family of the victim since the victim cannot do it for themselves. Family members of the victim file a claim to hold a defendant responsible for their actions that resulted in the wrongful death.
The most common types of wrongful death lawsuits stem from car accidents, medical malpractice, defective products, or intentional acts such as crimes that include violence.
At the Law Offices of Alex Poberesky, P.A., we can assist you in your time of need and work with you to possibly recover the maximum amount of compensation for the death of your loved one. Contact us at (410) 705-7460 and schedule a free consultation to discuss your potential case.
What Factors Have to Exist in Order to File a Wrongful Death Claim?
In order to file a wrongful death claim in Maryland, there are several factors that must exist:
- Negligence: It must be proven that the defendant was negligent, and their negligence caused the death of the victim.
- Breach of Duty: In legal terms, the plaintiff(s) must be able to demonstrate that the defendant owed a duty to the victim. For example, a doctor has a duty to preserve a patient’s health. Once the duty with the victim is established, it must be proven that the duty was broken by the negligent actions that were perpetrated
- Causation: The burden of proof will lie on the plaintiff to show how the negligence of the defendant caused the subsequent death of the victim.
- Damages: The plaintiff also has the responsibility of proving that the death of the victim also caused measurable damages. Some examples include medical expenses, funeral and burial costs, loss of income, and pain and suffering that the victim themselves may have experienced before their death
Who Can Bring a Wrongful Death Claim in Maryland?
Maryland state laws stipulate that a victim’s spouse, children, and/or parents are authorized to file a wrongful death claim. If for any reason, none of the people previously listed survives the decedent, then any individual who is related to the victim by marriage or bloodline and who was significantly dependent on the deceased also has the legal option to file a wrongful death claim.
What are the Two Different Types of Wrongful Death Claims in Maryland?
There are basically two different options available in relation to wrongful death claims in Maryland.
- Beneficiary Actions: This type of wrongful death claim is filed on behalf of the victim’s family, including spouse, children, and parents. This legal option is intended to recover compensation for losses that the family has suffered in relation to the death of the victim, such as lost wages and other losses that involve help with childcare, companionship, etc.
- Survival Actions: Survival actions are filed on behalf of the victim’s estate. The purpose of this type of litigation is to reimburse the estate for any expenses that were incurred due to the decedent’s death, such as funeral and burial expenses. Medical bills may also be included in this type of wrongful death claim. Unlike beneficiary actions, survival actions also have the ability to compensate the victim’s estate for losses that the individual experienced, such as pain and suffering.
Why Should I Hire a Wrongful Death Attorney?
The attorneys at the Law Offices of Alex Poberesky, P.A., recognize what an emotionally difficult time this is for both you and your family. You have experienced a traumatic loss and thinking about a lawsuit is almost too much to bear. However, our wrongful death attorneys are committed to fighting for justice for both you and your loved one. We pledge to handle your case with care and compassion. Contact us by calling (410) 705-7460 and scheduling a free initial case review. We look forward to serving you in your time of need.