A wrongful death claim allows families to hold negligent parties accountable and recover financial compensation for their loss. Your Clinton wrongful death lawyer from Schochor, Staton, Goldberg and Cardea, P.A. has over 100 years of combined experience handling complex claims in Maryland. Speak with our firm today to learn how we can help your family pursue justice.
Who Can File a Wrongful Death Claim in Clinton?
A wrongful death lawsuit is typically filed by the personal representative of the deceased’s estate. This individual is responsible for managing the legal process and ensuring that any settlement or court award is distributed to the rightful beneficiaries.
Maryland law grants spouses, children, and parents the first right to seek compensation. If no primary beneficiaries exist, other close family members, such as siblings or financially dependent relatives, may be eligible to receive damages. The funds recovered in a wrongful death claim are distributed according to state inheritance laws, ensuring that those most affected by the loss receive financial support.
Types of Accidents That Commonly Lead to Wrongful Death Claims
- Motor Vehicle Accidents – Fatal crashes involving cars, trucks, and motorcycles are often caused by distracted driving, impaired drivers, and speeding. Surviving family members may file wrongful death claims against negligent drivers, commercial trucking companies, or even auto manufacturers if a defective vehicle part contributed to the crash.
- Medical Malpractice – Fatal medical errors occur when doctors, nurses, or hospitals fail to meet the standard of care. Wrongful death lawsuits may stem from surgical mistakes, misdiagnoses, anesthesia errors, or medication overdoses. These cases often require expert testimony and medical records analysis to prove negligence.
- Workplace Incidents – Some of the most dangerous workplaces include construction sites, warehouses, and industrial plants. Fatal work accidents may involve falls, machinery malfunctions, or exposure to hazardous substances. While workers’ compensation covers some benefits, families may also pursue wrongful death claims against third-party contractors, equipment manufacturers, or property owners.
- Defective Products – When automobiles, pharmaceuticals, or consumer products contain design or manufacturing defects, they can cause fatal injuries. Families may file a product liability lawsuit against the manufacturer, distributor, or retailer to hold all responsible parties accountable.
- Criminal Acts – Wrongful death claims can arise from homicides, assaults, or violent crimes. Families may file a civil lawsuit for financial compensation, regardless of whether a criminal conviction occurs. These claims often involve negligent security or failure to prevent foreseeable harm.
- Other Wrongful Death Scenarios – Fatal injuries may also result from nursing home abuse, slip-and-fall accidents, drowning incidents, or unsafe property conditions. Property owners, caregivers, and businesses may be held responsible if their negligence contributed to a preventable death.
Wrongful death cases require a thorough investigation to establish liability and prove financial and emotional losses. Identifying all responsible parties and gathering strong evidence is essential to ensuring families receive the compensation they deserve.
Establishing Fault in a Clinton Wrongful Death Case
A wrongful death lawsuit requires proving that another party’s negligence or wrongful actions directly led to the fatal incident. Maryland law outlines four key elements that must be established for a successful claim:
- Legal Duty – The defendant had an obligation to act responsibly and prevent harm.
- Violation of Duty – The defendant failed to fulfill that obligation, either through negligence or recklessness.
- Causation – The violation directly contributed to the victim’s death.
- Compensable Losses – The victim’s family suffered financial and emotional damages due to the death.
Wrongful death claims often rely on physical evidence, expert testimony, and witness statements to prove these elements. Without compelling proof, insurance companies and defendants may attempt to deny responsibility.
Recoverable Damages in a Clinton Wrongful Death Case
A wrongful death claim allows surviving family members to seek compensation for financial and emotional losses caused by a preventable fatality. Md. Code, Cts. & Jud. Proc. § 3-904 provides a framework for determining who is eligible to file a claim and what types of damages may be recovered. These damages help families regain financial stability and acknowledge the profound emotional impact of losing a loved one.
Medical Bills
When a person suffers fatal injuries due to negligence, significant medical expenses may accumulate before their passing. These costs often include emergency room care, hospital stays, surgeries, and life-saving treatments. A wrongful death claim ensures that surviving family members do not bear the burden of these medical expenses that were caused by another party’s negligence.
Funeral and Burial Costs
Families are often left with unexpected funeral and burial expenses after a wrongful death. These costs can include casket or urn expenses, cemetery fees, transportation, and memorial services. Under Maryland law, families may recover compensation for these expenses to help ease the financial strain associated with laying a loved one to rest.
Loss of Parental Guidance and Support
When a parent is lost due to wrongful death, minor children suffer not only emotional grief but also the loss of parental guidance and support. A wrongful death claim may seek compensation for the absence of mentorship, life lessons, and emotional support that the child would have received had the parent survived. Courts consider the role the deceased played in their child’s upbringing and financial stability when determining the amount of compensation owed.
Lost Income and Financial Support
A wrongful death often results in the loss of household income, particularly when the deceased was the primary provider. Families may seek compensation for lost wages, expected future earnings, pension or retirement benefits, and loss of health insurance contributions. Economic damages in a wrongful death case ensure that dependents receive the financial support the deceased would have provided.
Emotional Pain and Suffering
Losing a loved one is emotionally devastating, and Maryland law recognizes the mental and emotional anguish surviving family members experience. Spouses, children, and parents may recover compensation for grief, loss of companionship, and psychological distress. Although Maryland places a cap on non-economic damages, families may still receive compensation for the emotional impact of their loss.
Deadlines for Filing a Wrongful Death Lawsuit in Clinton
Maryland law provides a three-year statute of limitations for filing a wrongful death lawsuit under § 3-904(g) of the Courts & Judicial Proceedings Article. Families must file within three years from the date of death, or they may lose the ability to recover compensation.
There are exceptions to this deadline. Cases involving occupational diseases, such as mesothelioma from asbestos exposure, may have an extended filing period. Additionally, if the cause of death was initially concealed, the statute of limitations may be adjusted. Acting quickly ensures that evidence is preserved, and the legal process moves forward without unnecessary delays.
Legal Support for Families After a Wrongful Death in Clinton
Losing a loved one due to someone else’s negligence is devastating, and handling a wrongful death claim alone can be overwhelming. A wrongful death attorney provides the legal knowledge, resources, and advocacy needed to ensure that your family receives fair compensation. From conducting a thorough investigation to negotiating with insurance companies, legal representation can make a significant difference in the outcome of your case.
Investigating the Incident
Building a strong wrongful death case requires gathering compelling evidence that proves negligence and liability. Attorneys work with accident reconstruction experts, medical professionals, and financial analysts to determine how the fatality occurred and who is responsible. This may involve reviewing police reports, security footage, medical records, and witness testimony to establish the facts surrounding the death.
Establishing Fault
To hold a party legally responsible for wrongful death, attorneys must demonstrate a clear connection between their actions and the fatal outcome. This process often requires expert testimony, industry standards analysis, and a review of past safety violations. In cases involving workplace accidents, medical malpractice, or defective products, legal teams may subpoena records to prove a history of negligence.
Managing Court Filings
Maryland has strict filing deadlines and procedural requirements for wrongful death claims. An attorney ensures that all legal documents are submitted correctly and on time. This includes preparing court filings, obtaining the necessary medical and forensic records, and ensuring that all eligible beneficiaries are included in the claim to avoid legal disputes.
Negotiating with Insurance Companies
Insurance companies often attempt to minimize payouts or deny wrongful death claims altogether. Adjusters may argue that the deceased was partially at fault or that certain damages should not be covered. A skilled wrongful death attorney pushes back against these tactics, presenting strong evidence of financial and emotional losses and advocating for full and fair compensation for surviving family members.
Preparing for Trial if Needed
While many wrongful death claims settle out of court, some cases require litigation to achieve a just outcome. If settlement negotiations fail, an attorney will present the case before a jury, introduce expert testimony, and argue for maximum compensation. Having an experienced trial lawyer ensures that families are not pressured into accepting unfair settlement offers.
A wrongful death case is about securing justice for the deceased and financial stability for those left behind. With a dedicated legal team handling the complexities of your case, your family can focus on healing while your attorneys fight for the compensation you deserve.
Your Wrongful Death Lawyer in Clinton Will Fight for Your Family
Wrongful death cases require legal representation that understands Maryland’s strict liability laws and compensation limits. Your wrongful death attorney in Clinton with Schochor, Staton, Goldberg and Cardea, P.A. is ready to advocate for you. Contact us today by calling our office or submitting our contact form to schedule your free consultation.