Losing a loved one due to another party’s negligent or wrongful actions is a devastating experience. The emotional and financial burden that results can be overwhelming, especially when attempting to navigate the complexities of a wrongful death claim. At The Law Office of Ben Evan, we are dedicated to providing the Clinton, Maryland community with educational, informative, helpful, and unique content focusing on personal injury law. In this blog post, we will explore the essential elements of wrongful death claims in Maryland, the damages that may be pursued, and the benefits of retaining an experienced wrongful death attorney to advocate on your behalf while pursuing justice for your loved one.
Understanding the nuances of wrongful death claims is critical to ensuring that your rights are protected, and fair compensation is secured. In the subsequent discussion, we will delve into the definition of wrongful death, the parties that may file a claim, the statute of limitations, and the types of damages that may be recovered. Our goal is to empower you with the knowledge needed to make well-informed decisions when it comes to wrongful death claims, as well as to recognize the value of partnering with a dedicated attorney from The Law Office of Ben Evan to help you achieve the best possible outcome.
Defining Wrongful Death in Maryland
A wrongful death is one that occurs due to the negligent or wrongful actions of another person or entity. Key elements of a wrongful death claim in Maryland include:
1. A death resulting from another party’s negligent or wrongful conduct
2. Surviving family members or dependents who have suffered damages due to the death
3. The appointment of a personal representative for the decedent’s estate
Who Can File a Wrongful Death Claim in Maryland?
In Maryland, specific individuals are designated as eligible to file wrongful death claims:
1. Primary Beneficiaries: The decedent’s spouse, children, or parents typically qualify as primary beneficiaries for the purpose of filing a wrongful death claim.
2. Secondary Beneficiaries: If no primary beneficiaries exist, other family members, such as siblings or other relatives who were dependent on the deceased, may have the right to file a wrongful death claim.
Maryland’s Statute of Limitations for Wrongful Death Claims
The statute of limitations is the legal time frame within which a wrongful death claim must be filed. In Maryland:
1. Wrongful death claims must typically be filed within three years of the deceased’s death.
2. Exceptions may apply in specific situations, such as medical malpractice or when certain types of wrongdoing are discovered belatedly.
3. Failure to file a claim within the statute of limitations could result in the loss of your right to seek compensation.
Types of Damages in Wrongful Death Claims
In Maryland, wrongful death claims can include various types of damages, categorized as either economic or non-economic:
1. Economic Damages:
– Medical expenses related to the decedent’s final illness or injury
– Funeral and burial expenses
– Lost income, including the decedent’s expected future earnings
2. Non-Economic Damages:
– Mental anguish, emotional pain, and suffering experienced by the surviving family members
– Loss of companionship, love, and guidance
– Loss of consortium for the decedent’s spouse
It’s crucial to note that Maryland imposes a cap on non-economic damages in wrongful death cases. As of January 2021, the cap for non-economic damages is set at $2,075,000 for cases involving a single decedent and $2,812,500 for multiple wrongful death beneficiaries.
Conclusion:
Navigating the complexities of wrongful death claims in Maryland is a challenging task, and seeking legal guidance is crucial to protect your rights and secure fair compensation for your loved one’s untimely death. By understanding the elements of a wrongful death claim, being aware of the statute of limitations, and engaging an experienced attorney, you increase the likelihood of obtaining the justice and closure your family deserves.
If you are dealing with the devastating loss of a loved one due to another party’s negligence or wrongful actions, the dedicated team at The Law Office of Ben Evan in Clinton, Maryland, is here to help. Our compassionate and experienced wrongful death attorneys understand the emotional and financial hardships you face, and we are committed to advocating for your rights while pursuing the justice and compensation you deserve. Contact us today for a consultation to discuss your case and let us assist you in navigating this challenging process.