What Do You Have to Prove in a Wrongful Death Case?
Wrongful death is often defined as a fatal injury that is caused by a wrongful act, neglect, or default of another person or entity. Most wrongful death claims arise from fatal injuries caused by accidents, medical malpractice, defective products, and other cases that would otherwise have given rise to a personal injury claim if the victim had survived.
As a result, in a wrongful death case it is necessary to prove that the responsible party either acted intentionally to injure or kill the deceased or acted negligently, and that negligence caused the injury and death.
Intentional conduct is defined as willful, knowing, or reckless. Willful conduct means that an individual intends for their conduct to cause another person’s injury and death. Knowing conduct means that an individual does not intend to cause another person’s injury and death but is aware that injury and death could result from their conduct. Reckless conduct involves acting with a conscious disregard of a substantial risk of another’s injury and death.
If arguing that a death was caused by someone’s negligence, it is necessary to prove that the responsible party owed a duty of care to the victim and breached that duty of care, and that the breach directly and proximately caused the deceased individual’s injury and death, which led to some form of monetary damages.
Statute of Limitations on Wrongful Death Claims in Maryland and D.C.
The law imposes a deadline on filing a lawsuit to assert a claim for wrongful death. This time limit is called the statute of limitations. In Maryland, the statute of limitations for wrongful death lawsuits is three years from the date of death. In D.C., the statute of limitations is two years from the date of death.
If you fail to file your wrongful death lawsuit within the statute of limitations, the court will automatically dismiss your claim without a hearing.
A wrongful death lawsuit can be filed even if the government decides to file charges against the responsible party for the actions that caused the deceased individual’s death. It is not wise to wait until after a responsible party has been charged or convicted of a crime in connection with your loved one’s death.
Common Causes of Wrongful Death in D.C. and Maryland
There are many acts and types of negligence that can lead to a wrongful death. Here are some of the more common causes:
- Motor vehicle accidents – Unfortunately, there are tens of thousands of deaths in motor vehicle accidents across the country each year. When a driver causes a crash because of reckless or negligent conduct, the driver may be liable if another motorist, passenger, bicyclist, or pedestrian is killed.
- Medical malpractice – When doctors, nurses, and other medical staff breach their duty of care to their patients, resulting in the patient’s otherwise preventable death, the patient’s family may have a viable wrongful death lawsuit.
- Nursing home or elder abuse – Older adults can suffer an untimely or wrongful death due to abuse or neglect by people who are directly responsible for their care, either at their own home or in a care facility.
- Dangerous or defective products – The law holds manufacturers, distributors, and retailers liable when their products cause injury and death when products are not safe to use as intended and that they have not provided all appropriate warnings for their use. The family of someone killed by a dangerous or defective product may have a wrongful death claim against the companies who made or sold that product.
- Accidents on dangerous property – Unsafe conditions on someone else’s property may lead to fatal injuries. For example, a defect on the property can lead to a deadly fall, or the failure to provide adequate security can result in someone being the victim of a fatal crime. In these cases, the property owner or operator may be liable in a wrongful death action.
- Workplace accidents – Many people work in hazardous occupations, and even seemingly “safe” workplaces can become dangerous in a blink. When someone other than the employer or a co-worker was at fault, the family of an individual who is killed on the job may have a wrongful death claim.
If you believe that your relative died due to someone else’s wrongful acts, contact us today to schedule a consultation to discuss your case with our Charles County wrongful death attorney. Our attorney can advise you whether you and your family may have a viable wrongful death claim.
Standing by Your Side in Difficult Times: Discover How Our Wrongful Death Lawyers Can Assist You
If your close relative was killed due to someone else’s negligence, it is understandable that you and your family are overcome with grief at this incredibly difficult time. But you and your family, as well as your deceased loved one, also deserve justice. Charles County wrongful death lawyer Matt Trollinger can help you and your family seek the compensation and relief that your family deserves.
Our wrongful death lawyer can help your family by examining the facts and circumstances of your loved one’s death to determine what happened to cause the fatal accident. Specifically, he will look to determine the cause or causes of your loved one’s death and identify the potentially responsible parties.
Once he has determined the responsible parties, he can calculate the full extent of losses and build a solid claim for compensation. Our legal team will be prepared to negotiate from a position of strength to seek a full settlement of your wrongful death claim. He will work as efficiently as possible to get your family a full settlement as soon as possible so that your family can get the compensation and justice you deserve to help the healing process move forward.
If settlement of your wrongful death claim is not possible, our wrongful death lawyer is prepared to pursue your claim in court. He will ensure that your case is filed within the statute of limitations and that all court deadlines and filings are met. If your wrongful death case goes to trial, he is prepared to vigorously advocate on your family’s behalf to seek a verdict and judgment in your favor so that your family receives the compensation and justice that you deserve.
Justice for Your Loved Ones: Consult Our Dedicated Wrongful Death Claim Lawyer in Waldorf
If you have a close relative who was tragically killed due to someone else’s wrongdoing, you and your family deserve compensation and justice. Don’t wait another day to begin the process of seeking the recovery you need to start putting your life back together.
A compassionate, dedicated, experienced wrongful death attorney near you in Waldorf can help your family successfully pursue a wrongful death claim. Contact Charles County wrongful death lawyer Matt Trollinger today to schedule a free consultation to learn more about your rights and options.
