Nothing prepares you for the loss of a loved one, especially when their death was caused by someone else’s reckless or careless actions. An Ellicott City wrongful death lawyer with Schochor, Staton, Goldberg and Cardea, P.A. has 40+ years of trial experience, helping families secure the financial relief they deserve. With a personal injury attorney who knows how to fight for justice, you can take the next step in holding the responsible party accountable.
Understanding Wrongful Death Claims
Losing a loved one due to negligence is a painful and life-altering experience. If your family is facing financial struggles and emotional distress because of a preventable death, you may have the right to seek compensation. Maryland law allows eligible family members to file a wrongful death claim to hold the responsible party accountable. These claims provide financial relief while ensuring that those who caused the death are legally liable for their actions.
A wrongful death lawyer in Ellicott City can guide you through the legal process, helping you gather evidence, prove negligence, and pursue maximum compensation. Maryland Courts & Judicial Proceedings §§ 3-901 to 3-904 outline the legal framework for these claims, detailing who can file and what damages may be recovered. Understanding your rights and acting within the legal deadline is critical to protecting your family’s future.
Role of an Ellicott City Wrongful Death Lawyer
The legal process can feel overwhelming when you are grieving the loss of a loved one. An experienced attorney provides the support and guidance you need to navigate this complex legal matter. Your lawyer will help prove liability, collect essential evidence, and negotiate with insurance companies to ensure you receive full and fair compensation.
A wrongful death lawyer also ensures that your claim is handled properly under Maryland law. Only certain family members can file, and all claims must be filed within three years of the date of death. Missing this deadline could prevent your family from recovering damages. A lawyer can help you avoid mistakes that could jeopardize your claim.
What Is a Wrongful Death Claim in Ellicott City?
Wrongful death claims are civil lawsuits that allow families to seek compensation when their loved one’s death was caused by negligence, misconduct, or an intentional act. Maryland law defines wrongful death as a fatality caused by another party’s wrongful act, neglect, or default. If the deceased would have had grounds for a personal injury lawsuit had they survived, the family has the right to file a wrongful death claim.
Maryland’s Wrongful Death Laws
Wrongful death lawsuits are governed by Maryland Courts & Judicial Proceedings § 3-904. This statute defines who can file a claim, what damages may be recovered, and the deadlines that must be followed. Understanding these laws is essential to ensuring your case meets all legal requirements.
Who Can File a Claim?
- Spouse, children, and parents
- Other financially dependent relatives, such as siblings, grandparents, and other extended family members
Common Causes of Wrongful Death in Ellicott City
Wrongful death cases stem from a wide range of fatal accidents caused by negligence. Families may have grounds for legal action when their loved one’s death was preventable and resulted from someone else’s careless or reckless behavior.
Motor Vehicle Accidents
Speeding, distracted driving, and reckless maneuvers frequently lead to fatal accidents. If a driver violates traffic laws and causes a crash, they may be held liable for wrongful death. Commercial vehicle operators may also share responsibility if their negligence led to the fatality.
Busy highways and intersections in Ellicott City, such as Route 40, Route 29, and I-70 have a high rate of severe crashes. Congested traffic, high-speed limits, and unsafe road conditions increase the likelihood of fatal collisions. If poor roadway maintenance contributed to an accident, the state or local government may also be liable.
Medical Malpractice
When healthcare providers fail to meet accepted standards of care, the consequences can be fatal. If a doctor misdiagnoses a condition, prescribes the wrong medication, or makes a preventable surgical error, they may be liable for wrongful death. These cases require medical experts to testify about how the negligence occurred.
Medical facilities are responsible for maintaining safe conditions and providing competent care. If staff neglects patients, fails to respond to emergencies, or administers incorrect treatment, the facility may be held accountable for wrongful death. Families can seek damages for medical bills, lost financial support, and emotional suffering.
Workplace and Construction Accidents
Dangerous work environments put employees at risk of fatal injuries. Employers who fail to follow safety regulations or provide adequate training may be liable for wrongful death. In some cases, third-party contractors or equipment manufacturers may also be responsible.
If a defective product or unsafe working conditions cause a fatal accident, more than one party may be liable. Holding all responsible parties accountable ensures that families recover the full compensation they are owed. These cases require detailed investigations and expert testimony.
Defective Products
Manufacturers have a responsibility to ensure their products are safe for consumers. If a defective product causes a fatal injury, the manufacturer, distributor, or retailer may be held liable. These claims often involve vehicle defects, medical device failures, or unsafe consumer goods.
Product liability laws allow families to seek compensation when a company releases a dangerous product. If a manufacturer knew about a defect but failed to warn consumers, they may face additional liability. Attorneys work with engineers and product safety experts to prove fault in these cases.
Damages Available in an Ellicott City Wrongful Death Claim
Losing a loved one is heartbreaking, and the financial impact can make an already painful situation even more difficult. If your family is dealing with unexpected expenses and loss of financial support, Maryland law allows you to seek compensation through a wrongful death claim. This can help cover medical bills, funeral costs, and the emotional toll of losing someone close to you.
Economic Damages
- Lost wages and financial support the deceased would have provided
- Medical expenses incurred before death
- Funeral and burial costs
- Other expenses related to the death
Non-Economic Damages
- Mental anguish and emotional suffering
- Loss of companionship, guidance, and parental support
- Loss of consortium for surviving spouses
Survival Damages (Filed by the Estate)
If your loved one suffered before passing, their estate may be entitled to compensation. This includes the physical pain, emotional distress, and suffering they experienced before their death. A survival action allows their estate to recover these damages on their behalf.
Maryland Damage Caps
Maryland limits non-economic damages, such as emotional suffering and loss of companionship. This cap increases each year to account for inflation. If you are the sole beneficiary, this is the maximum amount you can recover for non-economic losses, currently set at $950,000 as of October 2024.
The Wrongful Death Claims Process in Ellicott City
Filing a wrongful death claim can be complex, and the legal process may feel overwhelming. An attorney can guide you through every step, from gathering evidence to negotiating with insurance companies. Whether your case is resolved through settlement or requires litigation, legal representation ensures your rights are protected.
Investigation and Case Evaluation
- Gathering medical records, accident reports, and expert opinions – Proving a wrongful death claim requires strong evidence. Your lawyer will collect medical records, police reports, and expert testimony to build the case. Every detail matters when determining liability and the full extent of your losses.
- Determining all liable parties (individuals, businesses, and institutions) – Some cases involve more than one responsible party. A negligent driver, a property owner, or a defective product manufacturer could all share liability. Identifying every liable party helps maximize compensation.
Filing a Claim or Lawsuit
- Initiating a claim with insurance companies – Many wrongful death claims begin with insurance negotiations. Insurance companies often try to minimize payouts, but legal representation can help ensure you receive a fair offer. An attorney will also handle all communication and present evidence to support your claim.
- Filing a lawsuit if settlement negotiations fail – If the insurance company refuses to offer a fair settlement, your lawyer may recommend taking the case to court. Litigation may be necessary if the responsible party disputes liability or refuses to pay full compensation. The legal process includes filing court documents, attending hearings, and presenting evidence.
Negotiations and Settlement Discussions
- Handling communications with insurance adjusters – Insurance companies prioritize their profits, which means they often offer settlements that do not fully cover your losses. Your lawyer negotiates aggressively to secure the highest compensation possible. Without legal representation, families risk accepting less than they deserve.
- Rejecting lowball offers and fighting for full compensation – Insurers may initially offer a settlement that does not reflect the full extent of your losses. An attorney will push back, presenting evidence of medical costs, lost wages, and emotional suffering to justify a higher amount. If necessary, your case may proceed to trial.
Litigation (If Necessary)
- Court proceedings, depositions, and trial representation – If settlement negotiations do not result in a fair offer, your lawyer will take your case to court. This includes gathering witness testimony, cross-examining experts, and presenting arguments to a judge or jury. While many cases settle before trial, your attorney will be prepared for every outcome.
How an Ellicott City Wrongful Death Lawyer Can Help
Pursuing a wrongful death claim is difficult, especially while you are grieving. Having an attorney handle the legal aspects allows you to focus on healing while ensuring your family’s financial security. From gathering evidence to negotiating with insurers, legal representation makes a significant difference.
Personalized Legal Guidance
The legal process can be confusing, but a lawyer will explain your rights and options. Understanding who can file, what damages are available, and how the claim process works helps you make informed decisions. A wrongful death claim ensures your family is not left with financial hardship after losing a beloved family member.
Thorough Investigation & Case Preparation
Strong cases rely on evidence from experts. Accident reconstructionists can determine how a fatal crash occurred, and medical professionals can assess whether negligence played a role in your loved one’s death. Expert testimony strengthens your case and supports your claims for compensation.
Dealing with Insurance Companies
Insurance companies often try to settle cases for the lowest amount possible. Your lawyer will fight for fair compensation and ensure that insurers do not take advantage of you. Settlements should reflect the full impact of your loss.
Contact an Ellicott City Wrongful Death Lawyer for a Free Consultation
If negligence caused your loved one’s passing, your family has the right to seek justice and financial compensation. Your wrongful death attorney in Ellicott City from Schochor, Staton, Goldberg and Cardea, P.A. will work to secure the resources your family needs during this difficult time. Contact our office today for a free consultation to learn more about your legal options.