Wrongful death is a terrible tragedy. An unexpected loss in the family could leave a hole in your life forever. A wrongful death claim will not replace your loved one, but it could hold the at-fault party accountable for its actions. A successful lawsuit could bring your family justice, closure, and the compensation you need during a dark time. The Bethesda wrongful death lawyers at Malloy Law Offices, LLC, are here for you. Call (202) 845-7727 today for a free case evaluation in Bethesda.
The definition of wrongful death in Maryland is a death caused by another person through some act of negligence, disregard or intent to harm. When one person’s actions cause a fatal injury, that person could be legally responsible for damages. Filing a claim against a person or entity for wrongful death may be the right course of action after many types of fatal accidents.
If you are unsure whether you have a wrongful death claim, speak to a Maryland personal injury attorney from Malloy Law Offices, LLC. We want to hear your story. Our Bethesda personal injury attorneys take the pursuit of justice very seriously. We will not rest until we have achieved a fair resolution or done our best trying. Our law firm has dedicated plaintiff advocates in Bethesda.
Obtaining a damage award for wrongful death takes proving your claim to an insurance company, judge, or jury. The burden of proof on a plaintiff consists of four main elements: duty of care, breach of duty, death, and causation. You or your lawyer must demonstrate that the defendant owed your loved one a duty of care, failed to meet this standard, and caused the fatal accident that took your loved one’s life. A lawyer can relieve your burden of proof with tailored legal strategies and actions such as gathering evidence.
Only certain family members may qualify for compensation for wrongful death in Maryland. Close surviving relatives and the estate may file. This includes primary beneficiaries such as a surviving spouse, parent or child. Secondary beneficiaries (siblings, cousins, aunts, uncles, etc.) may file if no primary beneficiaries exist. Primary beneficiaries often file wrongful death lawsuits to obtain compensation for their losses, while secondary beneficiaries file survival actions to recover for the estate.
The main difference between a wrongful death suit and a survival action is the damages available. The Maryland courts grant awards to surviving family members during wrongful death claims for damages such as mental anguish, loss of consortium, lost financial support, and the costs of a funeral or burial service. Damages in a survival action can compensate the estate for the deceased person’s direct losses, such as pain and suffering.
Seeking justice for your loved one starts with a free consultation at Malloy Law Offices, LLC. We take pride in helping families in Bethesda stand up for the rights of the wrongfully deceased. We will not give up until we have done everything we can on behalf of your loved one. Find out if your family has grounds for a wrongful death claim today. Call (202) 845-7727.