Salisbury Wrongful Death Lawyers
Call Hearne & Bailey P.A. for Help with Your Case!
Has a loved one lost their life as a result of an accident that was not their fault? Are they the victim of circumstances beyond their control? You may be able to file a wrongful death suit against the party responsible for their demise. A wrongful death case is essentially a personal injury case in which the injured person no longer has the power to file a claim. To put it another way, a “wrongful death” case involves a wrongful act for which the deceased person would have been able to file a claim and recover damages had they lived.
Because wrongful death cases can be so complex and intricate, particularly due to the emotionally charged and sensitive nature of events that led to the case, it is pivotal that you have an experienced attorney who can keep your case on track. When you’re looking for experienced wrongful death counsel in the Salisbury area, look no further than Hearne & Bailey, P.A. We are experienced personal injury and civil suit lawyers and have helped numerous clients pursue the best outcome for their interests. Not only have we recovered damages, but we have even helped to soften the blow of losing a loved one suddenly and unexpectedly.
Determining Wrongful Death
How do you know that your loved one’s death qualifies as “wrongful?” Maryland’s wrongful death statute is found under Md. Courts and Judicial Proceedings § 3-904. There are a few different factors, but there are a few easy giveaways. For starters, if your loved one’s death was the result of gross negligence or otherwise preventable circumstances, then you can hold the negligent party accountable. That means things like drunk or reckless drivers, untrained heavy machinery operators, and more can all be considered liable. After the victim’s death, his or her family members may seek to recover damages as compensation for both the emotional and economic losses they may have sustained as a result of the accident. This is known as a wrongful death action.
What Kind of Damages Can I Pursue?
Wrongful death cases may be able to pursue some types of damages that even personal injury cases don’t have available to them. The compensation awarded in these cases usually goes to the primary beneficiaries in the case, meaning the spouse and direct dependents. Should no primary beneficiaries exist, the damages will be awarded to the secondary beneficiaries (those dependent on the deceased and related to them by blood or marriage).
Wrongful death cases can pursue many types of compensation, including:
- Lost wages
- Medical expenses
- Funeral expenses
- Property damage
- Emotional pain and suffering
- Loss of companionship
- Lost financial support
Has a loved one been wrongfully killed as a result of an accident or sheer negligence? Call Hearne & Bailey, P.A. at (410) 618-0903 to discuss your legal options with our team.
The most obvious people who qualify for a wrongful death action are immediate family members, such as children, spouses, or parents, but they are not the only ones who can pursue wrongful death suits. Anyone who was dependent on the victim could potentially pursue one of these actions. That means cousins, extended family members, and even (in rare cases) close friends who lived with and financially depended on the victim could pursue a wrongful death action. These individuals may file a suit as compensation for any economic losses and physical and emotional pain and suffering that person experienced as a result of the wrongful act. In addition to losses sustained by the deceased person while he or she was alive, a survival action may seek to recover monetary compensation for things like funeral and burial expenses.
A wrongful death action must be brought within three years of the deceased person’s time of death, under the statute of limitations given in § 3-904(g). However, in a case where the person’s death was caused by a toxic substance in the workplace, a wrongful death action may be brought either within 10 years of the time of death, or within three years of the date when the cause of death was discovered – depending on which is the shorter of the two (§ 3-904(g)(2)).