Losing a loved one is a devastating experience, especially when their death was caused by the negligence or intentional actions of another person or entity. In such cases, filing a wrongful death lawsuit can help bring justice and compensation to the surviving family members. However, the success of a wrongful death case in Maryland heavily relies on the strength of the evidence presented. In this blog post, we will explore the critical importance of gathering evidence in a Maryland wrongful death case and how it can significantly impact the outcome.
Establishing Liability:
One of the primary objectives in a wrongful death case is to prove the defendant’s liability. Gathering compelling evidence is crucial for establishing a direct link between the negligent actions or misconduct of the defendant and the death of the victim. This evidence can include medical records, accident reports, witness testimonies, expert opinions, photographs, videos, and any other relevant documentation that helps build a strong case against the responsible party.
Determining Damages:
Evidence plays a pivotal role in assessing the extent of damages caused by the wrongful death. Maryland law allows surviving family members to seek compensation for various losses, including medical expenses, funeral costs, loss of income, loss of consortium, and emotional pain and suffering. Collecting evidence related to financial records, employment history, and expert opinions can help quantify these damages and ensure a fair settlement or judgment.
Proving Negligence:
Wrongful death cases often require demonstrating that the defendant’s negligence or intentional actions directly caused the death of the victim. The burden of proof lies with the plaintiff, meaning that gathering substantial evidence is vital for substantiating the claim of negligence. This can involve examining accident scenes, collecting and preserving physical evidence, analyzing medical records, and consulting with relevant experts who can provide opinions on the defendant’s conduct and its role in the fatal incident.
Strengthening Credibility:
In any legal proceeding, the credibility of the evidence and the witnesses presenting it are critical. Gathering comprehensive and reliable evidence helps build a strong foundation for the case and enhances its credibility. Solid evidence can help counter any challenges from the defense and ensure that the plaintiff’s claims remain robust throughout the litigation process.
Resisting Settlement Pressure:
In many wrongful death cases, defendants or insurance companies may attempt to offer a settlement to the surviving family members. While settlements can provide some financial relief, they are often far less than what the case may be worth. Having compelling evidence strengthens the plaintiff’s bargaining position, making it more likely for them to negotiate a fair settlement or, if necessary, proceed confidently to trial.
Adhering to Legal Requirements:
Maryland, like other jurisdictions, has specific legal requirements and statutes of limitations for filing wrongful death lawsuits. Gathering evidence promptly is essential to ensure compliance with these legal requirements. Waiting too long to gather evidence can result in the loss of crucial information, witnesses’ fading memories, or the destruction of physical evidence. By promptly initiating the evidence-gathering process, the plaintiff can meet the necessary deadlines and build a strong case from the outset.
Addressing Comparative Fault:
Maryland follows the principle of contributory negligence, which means that if the victim is found to have contributed even slightly to the accident or incident that caused their death, the surviving family members may be barred from recovering any damages. Gathering evidence that supports the absence of contributory negligence on the part of the victim is vital to overcome any potential claims of shared fault from the defense. Demonstrating that the defendant’s actions were the primary cause of the death helps strengthen the plaintiff’s position and increases the likelihood of a favorable outcome.
Anticipating Defense Strategies:
In wrongful death cases, the defense will attempt to undermine the plaintiff’s claims by presenting counter-arguments and disputing the evidence. By gathering extensive evidence and anticipating the defense’s strategies, the plaintiff’s legal team can adequately prepare to counter any challenges. This preparation may involve consulting with experts, conducting thorough investigations, and building a strong case based on undeniable facts and evidence. Anticipating the defense’s tactics can help the plaintiff navigate the legal process with confidence and increase the chances of a successful outcome.
Supporting Emotional Damages:
Losing a loved one in a wrongful death case can cause significant emotional distress to the surviving family members. While monetary compensation cannot fully heal emotional wounds, it can help provide some level of support and assistance during the grieving process. Gathering evidence that highlights the emotional impact of the loss, such as witness testimonies, counseling records, or personal statements, can help demonstrate the true extent of the emotional damages suffered by the family members. This evidence plays a crucial role in ensuring that the compensation awarded reflects the full scope of the emotional harm endured.
In a Maryland wrongful death case, gathering evidence is an indispensable element of building a strong and persuasive legal claim. The evidence establishes liability, quantifies damages, proves negligence, strengthens credibility, and allows the plaintiff to resist settlement pressure. By recognizing the importance of evidence and working closely with experienced attorneys, surviving family members can navigate the legal process with confidence, seeking justice and securing the compensation they deserve for the tragic loss of their loved ones.
At Alpert Schreyer, LLC, we understand the critical importance of gathering evidence in Maryland wrongful death cases. Our experienced team of attorneys is dedicated to helping grieving families seek justice and compensation for the loss of their loved ones.
Extensive Investigation:
We conduct thorough investigations to gather all relevant evidence related to the wrongful death. Our team will meticulously examine accident scenes, review medical records, consult with experts, interview witnesses, and collect any available documentation that strengthens the case.
Preservation of Evidence:
We recognize the significance of preserving evidence in its original form. We take immediate action to ensure that crucial evidence, such as accident reports, photographs, videos, and physical evidence, is properly preserved to strengthen the case and counter any challenges from the defense.
Collaboration with Experts:
We work closely with a network of experts, including accident reconstruction specialists, medical professionals, forensic experts, and financial analysts. These experts provide valuable insights and opinions that help establish liability, quantify damages, and strengthen the credibility of the evidence presented.
Strategic Approach:
Our legal team develops a strategic approach tailored to each individual case. We anticipate the defense’s strategies and arguments, allowing us to proactively gather evidence that effectively counters their claims. Our goal is to build a robust case that withstands scrutiny and maximizes the chances of a successful outcome.
Negotiation and Litigation:
While we strive to reach fair settlements, we are fully prepared to take the case to trial if necessary. Our attorneys have extensive courtroom experience and are skilled at presenting evidence in a compelling manner. We advocate tirelessly on behalf of our clients to achieve the best possible outcome in their wrongful death cases.
Compassionate Support:
We understand that dealing with the loss of a loved one is a challenging and emotional time. At Alpert Schreyer, LLC, we provide compassionate support to our clients throughout the legal process. We listen to their concerns, offer guidance, and ensure that their voices are heard while fighting vigorously to hold the responsible parties accountable.
At Alpert Schreyer, LLC, we are committed to helping families navigate the complexities of wrongful death cases in Maryland. By utilizing our expertise in gathering evidence, conducting thorough investigations, and employing strategic legal approaches, we strive to provide compassionate and effective representation. Our goal is to help our clients obtain the justice and compensation they deserve while honoring the memory of their loved ones.