Losing a loved one is always devastating, but this may be especially difficult to process if you believe that their passing was premature and could have otherwise been easily avoidable. Even if you truly think this, your emotions may be running rampant and clouding your common judgment, making it slightly unclear whether this can legally be classified as a wrongful death event. With that said, please continue reading to learn what’s considered a valid wrongful death case and how one of the experienced Prince George’s County wrongful death lawyers at Miller Berman can help you better understand your legal rights during this very difficult time in your family’s lives.
What constitutes a wrongful death case in Maryland?
According to Maryland law, a wrongful death may occur when an individual dies as a result of another party’s wrongful act, negligence, or default. With this, the individual would have had the right to file a personal injury claim against this party if they had survived. And so, a wrongful death claim must satisfy similar criteria to a personal injury claim.
Importantly, the plaintiff of a wrongful death claim must establish that the defendant owed the victim a duty of care, but subsequently breached this duty by acting negligently and unreasonably. Then, they may effectively tie this negligence as the catalyst for the victim’s injuries, damages, and ultimate death.
A specific example of a valid wrongful death claim may be after a fatal auto accident. Here, a driver may have been operating their vehicle recklessly while being under the influence of drugs or alcohol. Or, in a medical malpractice incident, a doctor may have failed to diagnose a patient’s critical health condition accurately and in a timely manner.
Who is eligible to file a wrongful death claim in Maryland?
Even if you believe your loved one underwent the conditions necessary to satisfy a wrongful death claim, you must confirm whether you are an eligible party to file this claim type on their behalf. That is, in the state of Maryland, only certain family members are eligible plaintiffs for such a case.
Namely, Maryland law may prioritize what it considers “primary beneficiaries” first, which are the surviving spouse, children, and parents of the deceased. Then, if no primary beneficiaries exist, “second beneficiaries,” like surviving siblings and other financially dependent individuals, may step forward. It is worth mentioning that multiple beneficiaries may join in on a single claim.
Lastly, if you are the personal representative of the deceased’s estate, then you may sooner file a survival action than a wrongful death claim. Here, you may attempt to collect compensation for the damages the deceased suffered before their death (i.e., medical expenses, funeral costs, pain and suffering), rather than the damages their family suffered after their death.
If you find that, after reading this blog, you would like to receive more legal information or get started on a potential claim, please do not hesitate any further in contacting Miller Berman. One of our skilled Prince George’s County injury lawyers will be happy to speak with you and set up your free initial consultation to continue the conversation.
