Wrongful death is a claim against a person and/or entity who is liable for causing a death as a result of a negligent act. A wrongful death lawsuit can be brought by certain family members of a deceased individual. A wrongful death claim may result from medical negligence, a motor vehicle accident or work-related injury. The goal of the wrongful death claim is to compensate certain family members for their economic and non-economic losses.
How To File For Wrongful Death Lawsuits
When a loved one passes away, the family is left with a huge void. Sometimes, this loss could have been prevented. Family members are allowed to file a wrongful death claim against anyone responsible for their loved one’s death. Wrongful death lawsuits have to be reported within the first two years, but lawyers are pushing lawmakers for this timeframe to be extended. Filing wrongful death claims must be done under certain circumstances.
What Are Some Factors That Must Be Shown To Have Occurred In A Wrongful Death Case?
Considering these are sensitive cases, it is important to take notice of the factors that your wrongful death attorney needs to comply with. The factors include:
The Defendant Owed The Deceased Or His Family Duty Of Care – This must be more than just the general duty to follow some basic rules of conduct. There must be a relationship between the defendant and the decedent that makes it reasonable for the defendant to owe them this duty.
The Defendant Breached Their Duty – This may happen through action or omission, but there must be evidence of negligence toward the decedent. For example, a driver may neglect his responsibility to others to drive responsibly by not giving the proper maintenance to the vehicle causing an accident that results in wrongful death.
The Defendant’s Breach Of Duty Was The Direct Cause Of The Wrongful Death – When a wrongful death case is represented, it is important to show that the defendant has breached their duty of care. This can be done by showing that they have been negligent in some way, which caused the victim’s wrongful death.
Wrongful Death Damages In Maryland Include:
- Loss of income, society
- Loss of comfort and protection
- Loss of marital care
- Loss of attention, advice, counsel, and guidance
- Mental anguish
- Emotional pain and suffering
Let Us Help You
At The Valente Law Group, we are here to help you through the legal process. We will fight for you and your family. Mr. Valente has the proven track record of handling these claims in a professional and caring manner and will do whatever is necessary to hold the negligent party responsible. For example, when a Calvert County doctor would not take responsibility for causing the death of their seventy-eight (78) year old mother, Mr. Valente took that doctor to trial and obtained a substantial verdict for the family of the deceased.