Have you recently lost a close loved one in Silver Spring, Maryland? If their passing occurred because of someone else’s negligent or wrongful actions, Marks & Harrison can fight for the justice and compensation you deserve. While no amount of money can make up for what you have lost, a wrongful death suit can protect you from financial hardship during an already difficult time. It can also provide your family with a sense of justice having been served.
Let us put our firm’s 100-plus years of legal experience behind your case and guide you on the path to recovery with the compassion, dignity, and respect you deserve. Call us today or contact us online for a free consultation with a wrongful death lawyer in Silver Spring, MD.
What Is the Definition of a Wrongful Death?
Maryland law defines a wrongful death as one caused by someone’s negligent or intentional act that would have allowed the victim to file a claim and recover compensation if they hadn’t passed away. Put more simply, it can be helpful to think of a wrongful death lawsuit as a means to pursue the compensation your loved one could have through a personal injury claim had they lived.
What Are Some Examples of Silver Spring Wrongful Death Claims?
Many types of accidents and other incidents can result in fatal injuries that give rise to a wrongful death claim, including:
- Car accidents
- Commercial truck accidents
- Motorcycle accidents
- Bicycle collisions
- Pedestrian injuries
- Boat accidents
- Burn injuries
- Slip and fall accidents
- Dog bites
- Medical malpractice
- Defective products, drugs, and medical devices
- Nursing home neglect
- Workplace injuries
What Is the Difference Between a Wrongful Death and a Survival Action?
The difference between a wrongful death claim and a survival action is in what compensation can be recovered and by whom.
Wrongful Death Claim
Wrongful death cases are pursued by and meant to benefit the close family members of the deceased. The deceased’s spouse, children, or parents have the right to file a wrongful death claim. If none of these exist, then any relative who was financially dependent on the victim may bring suit. A successful wrongful death claim compensates these parties for the harm they suffered because of their loved one’s death, including:
- Mental anguish
- Pain and suffering caused by their loss
- Loss of income the deceased would have provided
- Loss of society, company, and care
- Loss of guidance and support
Survival Action
On the other hand, a survival action is a continuance of the lawsuit the deceased would have been able to file had they lived. It is meant to compensate the deceased’s estate for what the deceased suffered because of their fatal injury. This can include compensation for:
- Medical expenses for treating the fatal injuries
- Lost wages from the time of injury and their death
- Funeral expenses
- Pain and suffering the deceased experienced
What Is Needed to Prove a Wrongful Death Occurred?
To prove a wrongful death occurred, you must show that your loved one’s fatal injury resulted from another party’s negligent or wrongful actions. A person acts negligently when they fail to behave in a manner most others would deem reasonable or safe. Breaking state or federal laws also constitutes negligence.
For example, many wrongful death claims arise from motor vehicle accidents. Examples of negligence in a car accident case include speeding, drinking and driving, or running a red light. If your loved one died after slipping and falling on someone else’s property, negligence may include a failure to repair broken floorboards or cracked tiles.
To win your wrongful death lawsuit, you will need evidence like the following:
- Police reports or official incident reports
- Surveillance or cell phone footage
- Dashcam or traffic camera video
- Eyewitness statements
- Expert testimony
- Medical records
- Estimates, bills, receipts, pay stubs, invoices, and other proof of current and future expenses
Can Compensation Be Recovered in a Silver Spring Wrongful Death Lawsuit?
If your wrongful death lawsuit is successful, you can recover compensation for the loss of your loved one’s income, care, guidance, affection, and support. Our legal team extends its sincerest condolence for your loss. We understand that money cannot right the wrong done, but it can provide resources you’ll need to protect your future. Let us help you take action on behalf of your loved one.
Is There a Deadline for Filing a Wrongful Death Lawsuit in Maryland?
Maryland’s statute of limitations sets a three-year deadline for filing a wrongful death lawsuit. The clock starts at the time of death. If you miss the deadline, you could lose your right to sue. However, there are circumstances that could extend the time limit. Our lawyers can review your case and tell you if any apply.
Be aware that the sooner you start pursuing your case, the better. Building a strong case takes considerable time and effort. If you wait too long, your lawyer could be left with little time to complete these important tasks. Don’t delay – contact an experienced Silver Springs wrongful death attorney right away.
Contact a Silver Spring Wrongful Death Lawyer
The law firm of Marks & Harrison has represented injured parties and their families since 1911. We understand you are grieving and pursuing a claim for compensation can seem overwhelming. We are here to relieve your legal burden so you can focus on healing. Contact our Silver Spring personal injury attorney today.
Our Silver Spring wrongful death lawyers can explain your legal options, investigate your loved one’s fatal injury, identify liable parties, build your case, and aggressively seek the maximum compensation possible. Plus, our services will not add to your financial stress, as we charge nothing upfront or out of pocket and do not collect attorney fees until we win.
Your loved one deserves justice, and your family deserves accountability. Let us demand it on your behalf. Contact Marks & Harrison today to speak with a Silver Spring wrongful death lawyer about your case.
