Losing a loved one is devastating. The pain is even more profound when someone else’s misconduct causes their death. At Brockstedt Mandalas & Federico, we understand the emotional and financial turmoil you are facing. You are likely asking many questions, including, who can file a wrongful death lawsuit in Baltimore? Our experienced and award-winning legal team can answer these questions and help you obtain justice against an at-fault party.
Understanding Wrongful Death
A wrongful death lawsuit is a civil action. Typically, family members bring this type of lawsuit against someone whose negligence or misconduct caused the death of their loved one. Wrongful death lawsuits are separate legal matters from any criminal charges that might be filed against the wrongdoer. The purpose of a wrongful death lawsuit is to compensate the surviving family members for their loss.
Who Can File a Wrongful Death Lawsuit?
Are you wondering which family members can file wrongful death lawsuits? Can a sibling file a wrongful death suit? The answers to these questions depend on Maryland law and each person’s unique circumstances.
State law specifies who can file a wrongful death lawsuit. According to the Maryland Code, the following individuals have the legal standing to pursue and file a wrongful death lawsuit:
- The spouse of the deceased;
- Children of the deceased;
- Parents of the deceased; or
- If none of the above, a sibling or relative who was dependent on the deceased.
As you can see, the law prioritizes spouses, children, and parents in wrongful death lawsuits. However, other dependent individuals related by marriage or blood can file wrongful death suits if there is no surviving spouse, child, or parent.
What Is Negligence?
At the core of many wrongful death lawsuits is the concept of negligence. Generally, someone is negligent when they do not exercise reasonable care, and that failure directly causes harm to another person. To win a wrongful death case based on negligence, you must typically prove the following elements:
- Duty. The at-fault party owed the deceased person a duty of care. For example, a driver has a duty to obey traffic laws and drive safely.
- Breach. The at-fault party did not fulfill their duty, such as a driver who runs a red light breaching their duty of care.
- Causation. The at-fault party’s failure to fulfill their duty directly caused a death. For example, the driver running the red light caused a crash that resulted in another person’s death.
- Damages. The family members suffered damages as a result of their loved one’s passing. These damages may include payment for emotional distress, the loss of companionship, and the loss of financial support.
There are many ways to prove that an at-fault party breached their duty and caused harm in a wrongful death case. We can guide you through what you need to maintain a successful wrongful death case and obtain the legal relief you deserve.
What Is Negligence in Medical Malpractice Cases?
Wrongful death cases can arise from various forms of wrongdoing, including medical malpractice. When a medical error causes death, the legal standards for negligence are more complex. These cases usually require expert testimony to establish that the healthcare professional’s care did not rise to the accepted standard for similar healthcare professionals in the community.
Proving death was caused by medical malpractice requires a thorough understanding of healthcare procedures and the law. This is a challenging process. If you think that medical malpractice was the cause of your loved one’s death, consulting one of our experienced Baltimore medical malpractice lawyers is crucial. We have the knowledge and experience to navigate the intricacies of these cases.
Remedies Available in a Wrongful Death Lawsuit
If you successfully file a wrongful death lawsuit, you may be entitled to recover several types of damages. These damages can include payment for:
- Loss of financial support;
- Loss of companionship, comfort, and guidance;
- Funeral expenses; and
- Punitive damages.
Proving your right to each type of damage can be an intense undertaking. You will likely need many documents and witness testimony to show that the at-fault party caused the death of your loved one and that they owe you compensation for their wrongdoing.
How Long Can You Wait to File a Wrongful Death Lawsuit?
Keeping up with the time limit for filing a wrongful death lawsuit is critical. In Maryland, the deadline for a wrongful death case is generally three years from the date of your loved one’s death. If you don’t file your lawsuit within this time, you could be barred from ever pursuing your claim. You should contact an attorney as soon as possible to help ensure that you file your case before the window closes. Our skilled and knowledgeable legal team can file your case on time, collect all the evidence you need for a successful claim, and put forth the best arguments on your behalf.
Brockstedt Mandalas & Federico Can Help
The process of filing a wrongful death lawsuit is often daunting, especially when you are still dealing with grief. At Brockstedt Mandalas & Federico, we are here to help. We understand the nuance and details of the wrongful death law in Maryland, including the specific rules regarding who can file a wrongful death lawsuit.
We can guide you through the legal process, investigate the circumstances surrounding your loved one’s passing, and fight for the compensation you deserve. We have decades of award-winning experience and are committed to helping families in Baltimore find justice and healing during a difficult time. Call us or contact us online today to schedule a consultation. You deserve the best legal support, and we can provide the best support to protect your rights and interests.
Resources
Maryland Code, Courts and Judicial Proceedings, § 5-101, link.
Phil Federico is a partner at Brockstedt Mandalas Federico where he helps lead the Mass Tort / Class Action and Environmental Law practices, transitioning into these areas after beginning his career as a medical malpractice litigator.
Phil has led and been involved in historic and groundbreaking litigation with verdicts and settlements exceeding one billion dollars.
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