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Baltimore Wrongful Death Lawyers

Wrongful Death Lawyer In Baltimore

If you’ve lost someone you love due to another person’s negligence, you may have the right to receive economic and non-economic damages through a wrongful death lawsuit. While you should absolutely take time to grieve before deciding to take action, be sure to pay attention to time, as the state of Maryland places certain time limitations on various wrongful death accidents. After such a terrible experience, it’s natural for loved ones to not know what to do next. At Hyatt & Goldbloom, our Baltimore wrongful death lawyer can represent you and your family to help you receive justice and closure following a sudden death.

Common Examples Of Wrongful Deaths In Baltimore

Untimely deaths are traumatic events that can alter the lives of the loved ones left behind. While wrongful death settlements after an untimely death cannot bring back your loved one, a case against the at-fault party can compensate for the family’s loss as well as provide justice and closure. Consulting with an experienced Maryland wrongful death lawyer will prepare you for what’s to come and the best path forward when seeking justice for your loved one. Examples of situations that can culminate in wrongful deaths include:

Maryland’s Wrongful Death Law

Under Maryland law, a “wrongful death” is a death that is caused by “an act, neglect, or default including a felonious act which would have entitled the party injured to maintain an action and recover damages if death had not ensued.” A common example of claims that a Baltimore wrongful death lawyer would represent is drunk driving accidents. In other words, a wrongful death claim can be thought of as a personal injury claim. But instead of the victim seeking reparations, the loved ones of the deceased person must file a wrongful death claim in order to hold the defendant accountable and receive compensation. As with a personal injury claim, many types of events can be the basis of a wrongful death lawsuit, including:

How Long Do I Have to File a Wrongful Death Claim in Maryland?

Like many other types of lawsuits, wrongful death claims must be filed within a certain time frame, set by a law called a “statute of limitations.” In Maryland, the statute of limitations for most wrongful death lawsuits is three years from the date of the person’s death. However, there can be exceptions to that rule. For example, if the victim died from a disease caused by exposure to any toxic substance in the person’s workplace and contracted by a person in the course of the person’s employment then the lawsuit must be filed within ten years of the date of the death, or three years of the date that occupational disease was identified as the cause of the person’s death, whichever is sooner. Wrongful death claims are often complex, but a Baltimore wrongful death lawyer who has represented countless claims similar will be best suited to help you receive maximum compensation for your loss.

Types Of Damages In Wrongful Death Cases

It’s unlikely for another case to involve more damages and financial loss than a wrongful death case. When the ultimate price is paid due to another’s recklessness, the amount of financial compensation expected to the deceased’s loved one is more than fair. Below are just a few examples of the types of damages that could be pursued and recovered by a Baltimore wrongful death accident lawyer. Every one of these types of cases is different and each requires a custom and experience-based approach to yield the best results.

  • Funeral expenses
  • Loss of future inheritance
  • Loss of parental guidance if the decedent has children who are minors
  • Loss of spousal companionship
  • Loss of the decedent’s benefits
  • Loss of the decedent’s future income
  • Medical bills
  • Pain and suffering of the decedent if there was an injury before their death
  • Pain and suffering of the survivors from losing a loved one
  • Punitive damages if the defendant’s actions were deliberate or hateful
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How to Determine Wrongful Death Damages

You cannot put a price on what a lost life has cost you. In wrongful death cases, there are various factors that are considered when a judge or jury calculates what amount of damages will be awarded. A Baltimore wrongful death attorney will handle your case and present it in a way that maximizes your potential compensation. There are many factors that must be considered when determining wrongful death damages including:

  • Decedent’s life expectancy
  • Past earnings
  • Potential future earnings
  • Status of the decedent’s health before the accident
  • The decedent’s contribution to the home

Elements Of A Wrongful Death Lawsuit

If you’ve decided to take the first steps in filing a wrongful death lawsuit, a Baltimore wrongful death lawyer can help with establishing all of the legal elements of the claim in order for the wrongful death to be justified. These key elements are critical when attempting to prove a wrongful death verdict is warranted and compensation is owed to the loved ones left behind. Those elements of a wrongful death lawsuit include:

Duty Of Care

The first step when attempting to prove negligence in a Maryland wrongful death action is to show that the negligent party owed the deceased a duty of care under the law. For example, in a commercial truck accident, the driver of the truck must always consider the safety of other motorists, especially when changing lanes with such a large vehicle. When the at-fault driver does not provide that duty of care and someone is killed as a result, they have not lived up to that duty. 

Breach Of The Applicable Duty Of Care

In order to prove negligence, the plaintiff must show that the defendant violated the standard of care that was owed to the deceased under the circumstances. Using the commercial truck accident as an example, if the driver crossed lanes without looking and collided with another motorist traveling at a high rate of speed, that act would likely prove negligence on the part of the defendant driver and conclude a breach of duty of care.

Cause

In order to recover damages in a Maryland wrongful death lawsuit, the estate must be able to prove that the negligent acts of the defendant caused the deceased’s death without a doubt. This means that the estate has to show that the deceased’s death was foreseeable, yet avoidable if the at-fault party acted accordingly. Being able to prove reckless and negligent actions from the other party was at play during the accident is crucial in a wrongful death claim.

Damages

Damages in wrongful death lawsuits can be proven by a number of expert witness testimony. There are plenty of damages that are available to the deceased’s loved ones including medical expenses, future lost wages, conscious pain and suffering, and funeral expenses. Luckily, a Maryland wrongful death lawyer can help you better understand this confusing and overwhelming process so that you can worry about what truly matters.

Contact A Baltimore Wrongful Death Lawyer Today

Losing a family member unexpectedly is one of the most difficult things you can experience in your lifetime. Accidents happen, but an accident that is caused by another’s recklessness is inexcusable and must be held accountable. Unfortunately, we can’t help you come to emotional terms with a sudden loss, but we can help you shoulder the legal burdens that are left with their untimely passing. Call Hyatt & Goldbloom today and ask to speak with one of our Baltimore wrongful death attorneys.