Wrongful death suits are filed against a defendant who is at fault for causing the death of someone else, due to either intent or negligence. Wrongful death claims allow for the deceased person’s estate to bring a lawsuit against another party. They are typically brought by the person who is representing the estate of the deceased. It is meant to repay family members and other survivors for an untimely death.
When can you file a wrongful death suit?
There are many reasons why you may be eligible to file a wrongful death suit in Baltimore on behalf of a loved one. If they lost their life prematurely due to someone else’s negligence, and they would not have died without that negligence, then that is grounds to sue for damages.
If someone you loved and relied on is killed in an automobile accident, and someone else is to blame, then you are entitled to sue for wrongful death benefits. The Centers for Disease Control and Prevention reported that over 32,000 people were killed in the more than two million accidents around the nation in 2013. Of the fatalities, one in three deaths was due to someone drinking and driving, and nearly one in three was due to speeding. If the person you lost was not at fault for the accident, you are entitled to recover for your losses and damages.
Who can file a wrongful death suit?
Only specific people are allowed to initiate a wrongful death suit. It is typically filed by the representative responsible for the deceased person’s estate and is done so on behalf of the victim’s surviving relatives. To prove that you have been the victim of wrongful death in Baltimore, you have to prove that the other person was negligent for the accident that caused the victim’s death. You must show that the death will put undue hardship on the survivors and they will suffer economic damages in the form of economic loss. Lastly, you have to prove that you are legally considered the beneficiary of the estate.
What types of damages are you allowed to recover for?
In wrongful death suits in Baltimore, you are eligible to recover for both economic and non-economic damages. You can also sue for survival actions. The representative of the estate may be named either by the Probate court, or they might be designated by the victim in their will. They are eligible to collect for:
- Property damage
- Funeral costs
- Lost wages due to injury or death and things such as final treatment costs
- Pain and suffering
- Other non-economic damages, like loss of consortium
Do you need a personal injury lawyer to initiate a wrongful death suit?
You do not need a personal injury lawyer to sue for wrongful death, but it is always a good idea to have someone in your corner to guide you. The complexities of both the burden of proof lying with the plaintiff, as well as the calculation of loss, are best left to someone who both has experience with and understanding of the laws regarding auto accidents.
How to choose the best wrongful death lawyer
To choose the best wrongful death attorney, make sure to hire someone who specializes in auto accidents and specifically in wrongful death suits. Calculating the amount of loss that the victims of a wrongful death suit are entitled to is difficult. And if you aren’t sure what you may be entitled to recover for, you might be missing out. The insurance company, who will likely be the defendant in your case, will work hard to minimize the cost to their company and their client. That is why it is imperative that you have some help of your own.
When someone you love and rely on dies, it is a loss in many ways. One significant way is the loss of monetary income going forward. A wrongful death suit is not just about paying for damages you suffer at the time of the accident; to make sure you get a fair settlement to cover your future, it is critical to hire a car accident lawyers in Baltimore who knows how to get you all that you deserve.