Maryland Wrongful Death Accident Lawyers
Wrongful death is a special kind of claim that can be made when a death occurs because of the at-fault party’s negligence or intention. Such claims are often brought against the defendant who has either intentionally or mistakenly managed to cause a death on the road. The legally liable party can then face a lawsuit filed by the deceased’s family.
When Does a Wrongful Death Claim Apply?
Such claims are filed in the occasion of a death that has been caused by the negligence or intentional harm of a driver, and such cases can occur in a number of situations:
When the victim is intentionally killed
When someone is killed due to the intentional harm caused by a party, the lawsuit will be based upon the conduct or due to the intentional harmful act.
When a death occurs due to medical negligence or malpractices
When a doctor fails to identify and diagnose a certain condition, or was careless with the patient who then dies due to the malpractice or negligence, a wrongful death lawsuit can be brought against the responsible medical practitioner.
When a car accident casualty occurs which involves negligence
If a victim passes away due to the injuries which were caused by a car accident, his family is entitled to bring a wrongful death claim.
The above mentioned cases are merely a few examples of where a personal injury case can effectively turn into a wrongful death lawsuit. Such claims can be brought in any situation where the plaintiff has received personal injuries; however, there is a notable exception for deaths caused due to work injuries. In this case, the proceedings are handled through workers compensation.
What You Will Need to Prove
To hold the defendant in question liable for wrongful death, the plaintiff must produce proof against the defendant. For example, if the driver has been neglectful relative to his duty of care, the duties of the defendant were breached. This breach of duty should also be established as the proximate cause of the death. You must always have definitive proof against the defendant when you find yourself involved in a wrongful death claim since the procedures are very regulated and stringent.
Compensation can besought for the following damages in case of a wrongful death:
- The pre-death suffering or pain of the deceased (survival claim)
- Burial and Funeral expenses
- Medical costs incurred as a result of the personal injury caused by the accident
- Loss of the deceased income
- Loss of inheritance
- Loss of the guidance, care and nurturing which the deceased would have provided to is/her loved ones, if the accident hadn’t occurred
- Loss of consortium
- Loss of companionship or love
Wrongful death claims are practically more difficult to handle, and without a professional attorney guiding you along the way, you may find yourself lost amidst a battle to retrieve what was left of a loved one. Contact Altmark, Rotter and Trock, LLP for expert guidance by qualified attorneys to help make the difficult process much easier.