Losing a loved one is always a tragedy. The loss feels greater when you know it didn’t have to happen. When you lose a close family member because of someone else’s negligence or wrongdoing, it’s only natural to want justice for the deceased person. Our Bethesda wrongful death lawyers can help.
An attorney from Marks & Harrison with experience in wrongful death cases can take on the stress of filing a claim or lawsuit, handling everything from meeting deadlines to negotiating a settlement with the insurance company. If no settlement is possible, your lawyer can represent you in court and argue that you deserve full compensation.
Marks & Harrison has been handling wrongful death and personal injury cases for more than 100 years. We have a long track record of pursuing and obtaining maximum compensation for our clients. You don’t need to pay any money upfront for us to begin working on your case. In fact, you won’t have to pay us at all unless we succeed in securing compensation for you.
Contact Marks & Harrison today for a free consultation about your legal options after a wrongful death in Bethesda, Maryland.
What Is a Wrongful Death?
In effect, a wrongful death case is the equivalent of a personal injury case for situations in which the victim does not survive their injuries.
Under Maryland law, when a death is caused by someone else’s wrongful act, such as neglect, default, or an intentional act, it is considered a wrongful death. A wrongful act is an act that would have entitled the victim to file a lawsuit and claim damages if they had not died as a result.
For example, if a motorist runs a red light and causes a car crash that takes the life of another driver, the deceased driver would have been entitled to file a personal injury claim if they had not died in the crash. Because they did not live through the crash, their surviving family members have the right to file a wrongful death suit instead.
What Are Possible Causes of a Bethesda Wrongful Death?
A few examples of potential causes of a Bethesda wrongful death include:
- A car accident – Motor vehicle accidents are among the most common causes of wrongful death. Negligence behind the wheel can easily lead to a fatal accident.
- Truck accidents – Truck accidents can result in wrongful death due to the sheer size and weight of commercial vehicles. Causes can include driver fatigue, improper loading, or failure to follow safety regulations.
- Motorcycle accidents – Motorcycle accidents often lead to severe injuries or fatalities due to the lack of protection for riders. Negligent driving by other motorists, hazardous road conditions, or defective motorcycle parts can all contribute to these tragic incidents.
- An accident at work – Accidents at work are also common, including car crashes that happen while working.
- Medical malpractice – Medical malpractice includes medication errors and surgical mistakes, for example.
- A defective product – Defective products can include anything from a malfunctioning car part to a children’s toy with parts that can cause choking.
- A premises liability incident – Premises liability accidents include any situation in which the building owners or managers should have maintained the property in a way that would prevent an accident but failed to do so.
- A criminal act – Maryland law states that felonious acts can be considered wrongful acts for purposes of a wrongful death lawsuit.
Who May File a Wrongful Death Claim in Bethesda?
To file a wrongful death claim in Bethesda, you must be a beneficiary of the deceased. Primary beneficiaries typically include:
- The deceased person’s spouse
- The deceased person’s parent
- The deceased person’s child
Primary beneficiaries have priority in a wrongful death suit, as secondary beneficiaries cannot file a claim unless there are no primary beneficiaries. Secondary beneficiaries include any relative by blood or marriage who was financially dependent on the deceased.
What Is Needed to Prove Liability for the Wrongful Death?
To prove liability for a wrongful death, your attorney must present evidence that the defendant did something negligent, neglectful, or intentionally wrong and that this action caused your loved one’s death.
For instance, if the defendant was driving under the influence of alcohol and crashed into your loved one’s car, the defendant’s negligence in driving drunk was the cause of your loved one’s death. Your attorney can also argue that the defendant’s negligent failure to act caused the death of your family member.
What Types of Damages Are Available in a Wrongful Death Claim?
Damages, or the compensation that survivors could pursue after a wrongful death, can include:
- Loss of financial support
- Mental anguish
- Pain and suffering
- Loss of companionship or society
- Loss of comfort and protection
- Loss of marital, parental, or filial care
- Loss of attention, advice, counsel, or guidance
- Loss of education
Damages are available for the death of a non-minor child only if the child was unmarried, no older than 21, and if the parents provided at least 50 percent of their support over the previous 12 months.
Does Maryland Have a Time Limit for Filing a Wrongful Death Lawsuit?
Yes, Maryland has a time limit for filing a wrongful death lawsuit. Under Maryland law, you must file within three years of the death unless the death was caused by an occupational disease related to a toxic substance in the workplace. In that case, you must file suit within 10 years of the death or within three years of discovering the cause of death, whichever comes first.
In homicide cases, the statute of limitations countdown doesn’t begin until you discover the identity of the killer or until you should reasonably have been able to do so. For instance, if the state charges a person with causing your loved one’s death, you have three years from the date that the charges were filed to file your civil lawsuit for compensation.
Contact a Bethesda, MD, Wrongful Death Lawyer
If you’ve lost a loved one due to someone else’s wrongdoing, you have the right to seek compensation for your loss. Our Bethesda, Maryland, wrongful death lawyers can serve as your legal representative in the case, helping you with many aspects of your wrongful death claims, including:
- Conducting an investigation to find out all the facts
- Filing insurance claims
- Negotiating for a settlement
- Filing wrongful death lawsuits
- Representing you in alternative dispute resolution
- Representing you in court
Hiring an experienced wrongful death lawyer lets the other side know you mean business. Founded in 1911, Marks & Harrison has the experience and the track record you need to pursue a wrongful death case. With 30 personal injury attorneys and more than 100 support staff, we have the resources to take on any insurance company. We have our own team of investigators, including former law enforcement officers, to track down every detail that will support your claim.
Don’t put off pursuing justice for your loved one. Contact Marks & Harrison today to set up a free consultation with a wrongful death attorney in Bethesda.
