Coping with the loss of a loved one is among the hardest, most trying experiences of a person’s life — all the moreso when that loved one has been taken away by the negligent actions of another. If you have found yourself in this tragic situation, we at Alpert Schreyer Personal Injury Lawyers extend our sincerest condolences to you and your family. Fortunately, there is something that can be done to make the other party answer for what happened, and you may be able to recover damages to help pay for any costs associated with your loss.
Our firm’s wrongful death lawyers have more than 125 years of experience in handling these cases. We understand that no legal ruling or amount of money will truly compensate for the death of your loved one, but taking these actions can help you find some closure knowing that, in the future, others will not be hurt in the same way by the same party. Alpert Schreyer Injury Accident Lawyers offers free, confidential consultations. Contact our Lanham wrongful death attorneys at (301) 936-0011 today.
Who Can File a Wrongful Death Claim?
Wrongful death lawsuits are essentially personal injury claims filed on behalf of someone who is no longer alive. Thus, the loved ones of the deceased person will file the wrongful death claim, either for their own losses in what the state deems a “wrongful death action” or for the losses of the estate, which the state classifies as a “survival action.”
In Lanham, individuals eligible to file a claim fall into two categories:
- Primary beneficiaries: This group typically seeks damages for their own losses related to their loved one’s wrongful death and includes surviving spouses, children, and parents. If the claim is won, all damages are paid to the primary beneficiaries filing the claim. This group may also file a survival action to recover estate losses.
- Secondary beneficiaries: A deceased person’s surviving siblings, nieces/nephews, and other relatives may pursue a claim as secondary beneficiaries. If no primary beneficiary is alive or wanting to bring forth a claim, these secondary beneficiaries could file a claim on their behalf, but it will need to take the form of a survival action. Thus, any damages won will be paid to the estate, not the secondary beneficiary.
Steps in a Wrongful Death Lawsuit
The first step in filing a wrongful death claim is to determine whether you fall into one of the above categories deemed eligible to pursue a claim and whether you are attempting to recover losses for yourself or for the estate.
The second step is to speak to a lawyer to discuss the details of the accident to see if your case is eligible per the law. Essentially, a claimant needs to be able to prove that 1.) an act of negligence on the part of another caused the death of a loved one, and 2.) damages were suffered as a result. Even if you know that negligence occurred, you will need to establish this fact beyond a reasonable doubt in a court of law to win your claim.
From here, the next steps depend on the case itself. If the accident that led to the death was a car or truck accident, then an attorney will help you uncover evidence, often by examining and reconstructing the crash. If your loved one was killed by a defective product, the legal investigation will focus on that product and the company that manufactured it. For cases concerning medical malpractice, lawyers will delve into the nuances of the industry to determine what went wrong and when. As you can see, each case is unique.
Maryland Statute of Limitations
In Lanham and throughout the state, claimants are allowed three years from the date of death to file a wrongful death claim. If a government entity is involved, however, there may be additional deadlines to meet. That is why it is crucial to contact an attorney as soon as possible and discuss the details of your claim.
Typical Wrongful Death Settlement Amounts
As with other injury cases, compensation for wrongful death claims is paid out in a dollar amount determined by the nature and severity of the damages incurred. This is true for both the wrongful death action and the survival action. Therefore, it is difficult to determine the “average” wrongful death settlement because it depends so heavily on the details of the case. For reference, our firm has achieved six- and seven-figure outcomes for our clients in these claims, but that does not mean that your case will have a similar outcome.
If you are wondering what damages may be recovered in a wrongful death suit, a few examples include the following:
- Property damage
- Lost wages
- Loss of care
- Loss of guidance
- Loss of companionship
- Funeral and burial expenses
- The deceased’s medical expenses
- Pain and suffering of the deceased
“Non-economic” damages, meaning those damages that do not have an associated itemized bill or receipt (e.g. the loss of guidance), will be affected by the state’s wrongful death cap. Currently, the non-economic damages cap is $2 million throughout the state of Maryland.
A Child’s Wrongful Death
No parent should have to experience the loss of their child. At Alpert Schreyer Injury Accident Lawyers, we know how heartbreaking and life-changing such a loss can be to a parent, which is why we are committed to taking on parties responsible for such tragedies via child wrongful death suits. After such a loss, feeling as though you do not possess the energy to navigate the legal system on your own is completely normal and valid. We will help you throughout the process, allowing you to properly mourn your child while we handle any legal red tape.
Alpert Schreyer Injury Accident Lawyers Truly Cares
Our experienced attorneys have recovered millions of dollars in compensation for our clients and are known by industry organizations — including the Million Dollar Advocates Forum®, Super Lawyers®, and Martindale-Hubbell® — for our fearless advocacy. We offer free consultations and do not charge any upfront fees. Therefore, if we do not win your case, you will not owe us a single penny. We have helped countless families pursue wrongful death claims. Let us help you.
Speaking to the Insurance Company After an Accident
Ideally you should contact an experienced personal injury lawyer before agreeing to speak with the at-fault driver’s insurance company. A qualified attorney can provide you with valuable input and assistance in order to protect your rights. However, should you decide to speak to the at-fault driver’s insurance company without first consulting with a personal injury lawyer you should be aware that, first and foremost, the job of an insurance company is to maximize their profits by minimizing payouts. They may use anything you say as a reason to deny your claim.
For this reason, it is very important that you refuse to allow the insurance company to record your conversation. Be brief, concise and careful when speaking to any insurance company and do not accept responsibility for the crash at any time. Such admissions can put your claim in jeopardy. It is also important to note you could be waiving your right to compensation if you sign any document sent to you by an insurance company following an accident.
What to Do After a Truck Accident
After the accident occurs, document the scene and what happened. Always remember to refrain from admitting fault, even if the other driver is pressuring you to do so. Since most truck accidents result in blocked roadways and substantial property damage, you will likely need to contact the police for assistance, as well as to file an official report. It is very advisable to visit a medical professional for your injuries and receive the appropriate treatment immediately. The longer you wait, the worse your condition may get. Additionally, the at-fault party may use any gap between the accident and the doctor’s visit to dispute your claim.
Lay Down a Strong Foundation for Your Case
To give yourself a good chance at winning your claim, it is best to start with a strong foundation. That is why it is integral that you consult a lawyer as soon as possible. You should not speak to the trucking company or their insurance agents without a lawyer present because they may take your words out of context and use them against you in a court of law. They may seem friendly, but their top priority is their job, meaning they will often do anything they legally can to deny or minimize your claim.
Work with Alpert Schreyer Injury Accident Lawyers
Alpert Schreyer Injury Accident Lawyers attorneys have been met with national acclaim for their work in injury law by Super Lawyers®, Martindale-Hubbell, Lawyers of Distinction, the Million Dollar Advocates Forum, and others. We will fight to help you recover any damages associated with your claim, keeping you in the loop at all times. This is your future and recovery you are fighting for; let our seasoned attorneys join you in your fight for justice.