Our Germantown, MD wrongful death lawyer understands that the loss of a loved one due to someone else’s negligence is one of the most painful and difficult experiences a person can face. In Maryland, when a death occurs because of another party’s actions or lack of proper care, the surviving family members or others closely affected by the loss may have the right to file a wrongful death claim. With over 20 years of experience in personal injury law, we explain who is eligible to pursue a wrongful death case, what role negligence plays, and the importance of acting within the statute of limitations.
Proving Negligence In Wrongful Death Claims
Before anyone can file a wrongful death claim, there must be proof of negligence. In Maryland, wrongful death lawsuits are based on the premise that someone’s careless or reckless actions led directly to the death of another person. Whether the death occurred due to a car accident, medical malpractice, a slip and fall, or any other preventable incident, there must be evidence showing that the at-fault party acted negligently.
Negligence in these cases might involve a driver who ran a red light, a doctor who failed to diagnose a condition, or a property owner who didn’t maintain their premises safely. The key is proving that the actions—or lack of action—of the responsible party were the direct cause of your loved one’s death. Once negligence is established, the surviving family members or eligible parties can seek compensation for their loss.
Family Members Eligible To File A Wrongful Death Claim
In Maryland, not just anyone can file a wrongful death lawsuit. According to state law, the personal representative of the deceased’s estate is the individual who is officially eligible to file the claim. This personal representative is typically named in the deceased’s will. If there is no will, the court will appoint someone to serve in this role, usually a close family member, such as a spouse, child, or parent.
While the personal representative is the one who files the lawsuit, the surviving family members can benefit from the lawsuit’s proceeds. Maryland law specifies who can receive compensation in a wrongful death claim, depending on their relationship to the deceased.
The primary beneficiaries are:
- Spouse: The surviving spouse is one of the first in line to receive compensation.
- Children: If the deceased had children, they may also be entitled to compensation. If the deceased was not married, children are the primary beneficiaries.
- Parents: If the deceased was a minor or had no spouse or children, the parents can seek compensation.
If there are no immediate family members like a spouse or children, more distant relatives may be eligible, such as siblings or grandparents. However, this depends on the specific circumstances and the relationship between the deceased and the potential beneficiaries.
The Statute Of Limitations For Wrongful Death Claims In Maryland
One of the most important aspects of filing a wrongful death case in Maryland is understanding the statute of limitations. This is the period in which a lawsuit must be filed after the death occurs. In Maryland, the statute of limitations for a wrongful death claim is three years from the date of the deceased person’s death.
If the claim is not filed within this three-year window, it will likely be dismissed, meaning you lose the right to recover damages. It’s vital to act quickly after a fatal accident so that you have enough time to gather evidence, consult with our lawyer, and pursue legal action. Even though three years might seem like a long time, wrongful death cases often require thorough investigation, so it’s always better to begin the process as soon as possible.
Working With A Lawyer To Pursue Your Claim
Filing a wrongful death claim can be an emotionally challenging and legally detailed process. At
Antezana & Antezana LLC, we’re here to help you understand your eligibility for filing a wrongful death lawsuit, gather the necessary evidence to prove negligence, and make sure that your case is handled with care and professionalism. If you’ve lost a loved one due to someone else’s negligence, don’t hesitate to reach out to us. As a family-owned law firm, we will fight for your family’s right to justice and put your best interests first. Contact our office today to get started with a free case review. You deserve compensation and we are prepared to help you recover it. Call now to get connected with our personal injury attorneys.
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