Losing a loved one is an immeasurable tragedy, and it can feel even more overwhelming when their death could have been prevented. When someone’s negligence or intentional act causes the untimely death of another, it may be classified as a wrongful death. For families left behind, understanding their legal rights is essential to seeking justice and ensuring financial security. Here’s what you need to know.
What Is a Wrongful Death?
A wrongful death occurs when an individual dies due to the negligent, reckless, or intentional actions of another person or entity. These cases can stem from a variety of situations, including:
- Car Accidents – Caused by negligent drivers, DUI, or poorly maintained roads.
- Medical Malpractice – Misdiagnosis, surgical mistakes, or medication mismanagement.
- Workplace Accidents – Injuries due to unsafe working conditions or defective equipment.
- Defective Products – Faulty consumer goods that lead to fatal injuries.
- Criminal Acts – Intentional acts like assault or manslaughter.
A wrongful death claim aims to hold responsible parties accountable while providing financial compensation to the surviving family members.
Who Can File a Wrongful Death Claim?
Each state has specific laws regarding who can file a wrongful death lawsuit. Typically, the following parties have the right to pursue legal action:
- Immediate Family Members – Spouses, children (including adopted), or parents of the deceased.
- Financial Dependents – Individuals who rely on the deceased for financial support, such as domestic partners or stepchildren, may also have standing.
- Executor of the Estate – In some cases, the person named in the deceased's will or appointed by the court can file on behalf of the family or estate.
Because the rules differ by state, consulting an experienced attorney can help you determine your eligibility to file a claim.
What Compensation Can Be Sought in a Wrongful Death Case?
Monetary compensation in a wrongful death lawsuit is intended to address the emotional and financial toll of losing a loved one. Common damages include:
Economic Damages
These cover financial losses directly tied to the death, such as:
- Medical bills incurred before death.
- Funeral and burial expenses.
- Loss of future income or financial support.
Non-Economic Damages
These reflect the emotional and intangible losses, such as:
- Loss of companionship or emotional support.
- Pain and suffering experienced due to grief.
- Loss of parental guidance for surviving children.
Punitive Damages
If the death was caused by particularly egregious behavior, courts may award punitive damages to punish the responsible party and deter similar conduct.
Each case is unique, and an experienced attorney can help you evaluate the full scope of potential damages.
Why Hiring a Wrongful Death Attorney Is Crucial
Wrongful death cases often involve complex legal and emotional challenges. Here’s why having a skilled attorney by your side is essential:
Thorough Investigation
An attorney can gather evidence, interview witnesses, reconstruct the incident, and consult experts to build a strong case demonstrating liability.
Understanding of Legal Framework
Wrongful death laws vary from state to state. A lawyer can help you understand the regulations, statutes of limitations, and procedures that apply to your case.
Negotiation Skills
Insurance companies will often try to minimize payouts. A lawyer can negotiate on your behalf to secure a fair settlement that truly reflects your losses.
Court Representation
If a fair settlement can’t be reached, your attorney will advocate for you in court, presenting your case to a judge or jury.
Relieving the Burden
Losing a loved one is emotionally exhausting. By handling the legal complexities, your attorney allows you to focus on healing and honoring your loved one’s memory.
Steps to Take If You Suspect a Wrongful Death
If you believe your loved one’s death was caused by negligence or misconduct, here’s what you should do:
- Seek Legal Advice – Meet with a wrongful death attorney immediately. Most provide free consultations and can evaluate your case.
- Gather Documentation – Collect medical records, police reports, photographs, or any evidence related to the incident.
- Act Quickly – States have statutes of limitations, which are deadlines for filing a wrongful death lawsuit. Delaying action could jeopardize your claim.
Moving Forward With Hope
A wrongful death claim cannot undo the pain of losing someone you loved, but it can provide a sense of justice and financial stability during an incredibly difficult time. With the right legal guidance, you can hold those responsible accountable and secure the necessary resources to rebuild your life.
Personal Injury Lawyers
Navigating a wrongful death case can be a complex and emotionally challenging process. Understanding your rights and the legal framework, eligibility, procedures, compensation, and emotional considerations involved is crucial for ensuring that justice is served and that you receive the compensation you deserve. If you are facing a wrongful death case in Maryland, Rowe Weinstein & Sohn is here to help. Our experienced attorneys are dedicated to providing compassionate and effective legal representation to help you navigate this difficult time. Contact us today at (888) 482-3882 to learn more about how we can assist you in pursuing a wrongful death claim and achieving the justice and compensation you deserve.