If your loved one died because of the careless actions of someone else, you might be eligible for compensation. You can pursue filing a wrongful death claim. The Law Offices of Adam M. Smallow can find an Elkton wrongful death lawyer to help you with your case.
What Is a Wrongful Death?
A wrongful death is caused by the misconduct or careless actions of another person or group who should have acted in a certain way. Because they neglected to do so, your loved one died as a result.
A wrongful death can happen under several circumstances, including:
- Motor vehicle accidents
- Medical malpractice
- Use of defective products
For legal consultation with a wrongful death attorney in Elkton, call (410)777-8960
Am I Eligible to File a Wrongful Death Claim?
Under Maryland law, only certain family members can benefit from the compensation of a wrongful death claim.
The regulations outline a few exceptions, but in general, the following people might receive compensation for a wrongful death claim:
- The parent of a deceased child
- The husband of the deceased
- The wife of the deceased
- The child of the deceased
If no one fits into these categories, the person who was considerably dependent on the deceased, related by blood or marriage, may benefit from the compensation of a wrongful death claim.
Elkton Wrongful Death Attorney (410)777-8960
What Can I Receive Compensation for in a Wrongful Death Claim?
If you file a wrongful death claim, you might be able to receive compensation for lost financial support. Settlements from a wrongful death claim could also supplement your lost income. You could also use the settlement to cover funeral expenses.
However, Maryland law is clear that loss related to a wrongful death claim does not only refer to financial loss. Your loved one’s impact was more than just financial.
You may be able to get compensation for other reasons as well.
For example, you might get compensation for the following:
- Pain and suffering
- Mental anguish
- Loss of society or companionship
- Loss of comfort or attention.
- Loss of protection, advice, or counsel
- Loss of training, guidance, or education
- Loss of marital or parental care
Proving Wrongful Death
To prove a wrongful death, you will need to prove that a person or group had a responsibility to do something for your loved one and that they failed to do so.
For example, let’s say your loved one died during surgery because the surgeon failed to follow safe practices. In this case, the surgeon failed to act in a way that should be standard for all his patients.
Or let’s say your loved one’s car gets hit by another driver. The driver should have been exercising appropriate caution and following the rules of the road. He wasn’t, and those actions resulted in the death of your loved one.
An attorney can go over the specific circumstances of your loved one’s death and help determine who is responsible.
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How Can a Wrongful Death Lawyer Help Me?
You might be uncertain about your legal options, but you don’t have to go through the legal process alone.
A wrongful death lawyer can help you file your wrongful death claim. They can help you collect evidence to support your claim and help you determine who was at fault for the death of your family member.
A wrongful death lawyer will also be familiar with the laws and regulations that apply to your situation. They can advise you about the legal actions available to you and what sort of compensation you might be able to receive.
How Long do I Have to File a Wrongful Death Lawsuit?
How long you have to file a wrongful death lawsuit will depend on where you live. It can also depend on the specific circumstances of the death.
Under Maryland law, you typically have about three years after someone dies to file a wrongful death lawsuit, according to Md. Cts. & Jud. Proc. Code § 3-904.
However, there are exceptions to this rule. For example, if your loved one died because of exposure to harmful substances in the workplace, you may have up to 10 years to file a lawsuit
Starting your case as soon as possible will ensure you don’t miss the deadline to file a lawsuit if you are unable to reach a just settlement with the insurance company.
How a Lawyer Can Help
It can feel overwhelming to think about hiring a lawyer, particularly while you’re grieving the loss of a loved one.
Our firm operates on contingency fees, meaning that we don’t charge you for our services unless you win your case. Our payment system allows you to explore your legal options upfront to help you determine your next steps without worrying about the financial burden.
At the Law Offices of Adam M. Smallow, we pride ourselves on focusing on your case, so you can focus on what matters. We have had highly positive reviews from our clients. We want to help you get the maximum amount of compensation that you deserve.
We have over 10 years of legal experience and serve our clients in various areas, including wrongful death claims. Here’s what just a few of our clients have had to say:
“I have referred several clients to Mr. Smallow and all have been pleased with the level of service he provided. I would not hesitate to refer anyone looking for assistance to him. I highly recommend his services.” – Todd
“It is critical that the lawyer is responsive and prompt. Adam is very responsive. He also achieves excellent results. I recommend him wholeheartedly.” – Jay
Get Started with a Free Consultation.
The Law Offices of Adam M. Smallow in Elkton is ready to help you with your wrongful death case. You can call us at (410) 777-8960 to set up your free consultation today. We are ready to answer your questions.