Nobody is ever ready for a tragedy. We all know that wrongful death is a terrible tragedy. This unexpected loss in your family could leave a mark and a hole in your life forever. A wrongful death claim will not replace your loved one, but it could hold the negligent party accountable for his or her actions. However, a lawsuit of such matter might bring your family justice. The Silver Spring wrongful death attorney team at Malloy Law Offices, LLC, are here for you. Call (888) 982-0906 today for a no-risk free case evaluation in Silver Spring.
A wrongful death in Maryland’s law is ‘a death caused by another person through some act of negligence, disregard or intent to harm’. When other person’s negligence or recklessness provokes a fatal personal injury that party could be legally responsible for your lost. Filing a claim against a person or entity for wrongful death might seem daunting, especially after a lost in the family. Moreover, these are some of the potential wrongful death causes:
If you are unsure whether you have a wrongful death claim, speak to a Silver Spring wrongful death attorney from Malloy Law Offices, LLC. We will leave no stone unturned, until we’ve gotten the maximum compensation possible for you. Malloy Law Offices, LLC has dedicated litigators in Silver Spring.
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.
On another note, the tricky part for any wrongful death lawsuit is qualification. Unfortunately, every single wrongful death case must have a throughout investigation, so that a personal injury lawyer can determine whether it is a case or not. However, it is important for you to know your rights, and the parameters that your attorney should take in consideration, when analyzing your case. In Maryland, surviving relatives and the estate may file a wrongful death claim. 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. Maryland will typically grant compensation for those surviving family members, during a wrongful death claim. This will usually cover stress and anxiety, mental anguish, loss of consortium, lost financial support and the costs of a funeral or burial service. The 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 Silver Spring 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. Our experienced and dedicated team of advocates will bring justice to your family, and we will get you the compensation you are entitled to. Contact Malloy Law Offices, LLC today, and start you consultation with our Silver Spring Wrongful Death Attorney. Call (888) 982-0906 today!