The roads are often more crowded than usual during the holiday season as people travel to visit family and friends. However, this can also lead to more accidents, and, unfortunately, deaths from these incidents. When a loved one is killed in a trucking accident, people may feel like they have no recourse. In Maryland, a wrongful death lawsuit can be filed against the responsible person to hold them accountable for their actions—and the impact it has had on the deceased’s loved ones. Below is information on how to bring a wrongful death lawsuit in Maryland, along with all its requirements.
Recently, a family of three was killed when their car collided with a tractor-trailer truck. The tractor-trailer was headed south in the center lane, and the family’s car was headed in the same direction in the inside lane. The tractor-trailer then changed lanes and entered the inside lane, and the truck crashed into the car. All three people in the car were pronounced dead at the scene.
In Maryland, a wrongful death is one that results from an act that would have entitled the deceased to bring a lawsuit and recover damages against the responsible party if the death had not occurred. In these instances, the deceased’s loved ones may bring a lawsuit against the individual who caused the accident. These loved ones may include the deceased’s spouse, parent, child—if the deceased does not have one of these individuals to bring the suit, it can be brought by anyone who substantially depended upon the deceased before their passing.
If a jury finds that the individual is responsible for the deceased’s death, then they will award monetary damages to the deceased’s loved ones. This may include money to compensate the family for the financial loss of the deceased, like the deceased’s lost wages. However, it can include non-pecuniary forms of damages, including mental anguish as well as pain and suffering the family has endured in the wake of the death, and loss of companionship. It is important to note that a wrongful death action must be filed within three years of the individual’s death. If the lawsuit is not filed within this timeframe, the case will be dismissed.
Because family members are often distraught after the passing of a loved one, personal injury attorneys can focus on bringing the lawsuit while the family is emotionally recuperating.
What Is the Statute of Limitations for a Maryland Wrongful Death Claim?
The statute of limitations for a Maryland wrongful death claim is generally three years from the date of the victim’s death. However, in certain circumstances, families may have slightly more time to file a claim. To learn more about the timeframe in which you must pursue legal action against the person responsible for your loved one’s death, contact an experienced Maryland personal injury lawyer.
Have You Suffered Injuries in a Maryland Car or Truck Accident?
If you or someone you love has suffered severe injuries or died in a Maryland truck accident, contact the experienced attorneys at Lebowitz & Mzhen. Our attorneys have decades of experience fighting on behalf of truck accident victims and their families to get them the compensation they are entitled to under the law. We also handle Maryland accident cases involving slip and falls, premises liability, car accidents, medical malpractice, and nursing home negligence. To schedule a free consultation and to speak with one of our attorneys, contact our office at 800-654-1949.