Losing a loved one is an emotionally devastating experience, made even more challenging when the death is a result of someone else’s negligence or intentional actions. In such cases, family members may seek justice through a wrongful death claim, which aims to hold the responsible party accountable for their actions. However, it is crucial to understand the statute of limitations for wrongful death claims in Maryland, as these laws set specific time limits within which legal action must be initiated. Alpert Schreyer, LLC, a renowned law firm in Maryland, is here to guide you through the requirements and limitations associated with wrongful death claims in the state.
Statute of Limitations for Wrongful Death Claims in Maryland:
The statute of limitations refers to the timeframe within which a legal action must be filed. In Maryland, wrongful death claims are subject to specific limitations that vary depending on the circumstances surrounding the case. Understanding these limitations is vital to ensure that your rights are protected and that you have ample time to pursue legal recourse.
General Statute of Limitations for Wrongful Death Claims:
In Maryland, the general statute of limitations for wrongful death claims is three years from the date of the deceased person’s death. This means that the claim must be filed within three years of the death occurring. Failing to initiate legal action within this time frame can result in the claim being barred by the court, leaving the family without recourse.
It is important to note that the statute of limitations begins to run from the date of death, rather than from the date the injury leading to death occurred. This distinction is crucial, as it allows family members time to grieve and gather information before proceeding with legal action.
Under certain circumstances, the statute of limitations may be extended through the application of the discovery rule. The discovery rule applies when the cause of death was not immediately apparent or when the responsible party concealed their actions, preventing the family from discovering the truth. In such cases, the statute of limitations may begin from the date when the cause of death was discovered or when it should have been discovered with reasonable diligence.
The application of the discovery rule can be complex, and it is advisable to consult an experienced wrongful death attorney, such as Alpert Schreyer, LLC, to determine its applicability in your specific case.
Wrongful Death Claims Involving Government Entities:
If the wrongful death claim involves a government entity, such as a municipal corporation or a state agency, additional considerations come into play. In Maryland, there are specific notice requirements and shorter time limits for filing a claim against a government entity. It is crucial to consult an attorney as soon as possible if your claim involves a government entity to ensure compliance with the necessary procedures and deadlines.
Requirements for Wrongful Death Claims in Maryland:
In addition to understanding the statute of limitations, it is essential to be aware of the requirements for filing a wrongful death claim in Maryland. The state imposes certain criteria that must be met to pursue a successful claim.
Standing to Sue:
Only specific individuals are eligible to file a wrongful death claim in Maryland. Generally, the primary beneficiaries, such as the spouse, children, and parents of the deceased, have standing to sue. If the deceased person does not have any primary beneficiaries, secondary beneficiaries, such as siblings or other dependents, may be eligible to file a claim.
Negligence or Wrongful Act:
To pursue a wrongful death claim, it is necessary to establish that the death resulted from someone else’s negligence or wrongful act. This could include actions such as medical malpractice, car accidents, workplace accidents, product liability, or intentional acts.
There must be a direct causal link between the negligent or wrongful act and the death. It is crucial to gather evidence and documentation that demonstrates this causation, which can be a complex task. An experienced wrongful death attorney can assist in building a strong case by collecting and analyzing the necessary evidence.
The Importance of Legal Representation:
Navigating the complexities of a wrongful death claim can be overwhelming, especially when dealing with the emotional toll of losing a loved one. This is where having skilled legal representation becomes crucial. Hiring a reputable wrongful death attorney, such as those at Alpert Schreyer, LLC, can make a significant difference in the outcome of your case.
Knowledge of Maryland Laws:
Wrongful death laws and legal procedures can vary from state to state. Attorneys specializing in wrongful death cases in Maryland possess an in-depth understanding of the state’s laws and regulations. They stay updated on any changes or amendments to the statutes, ensuring that your case is handled in compliance with the most current legal requirements.
Investigation and Gathering Evidence:
Proving negligence or wrongful act requires thorough investigation and the gathering of compelling evidence. Wrongful death attorneys have the resources and expertise to conduct comprehensive investigations into the circumstances surrounding the death. They work closely with expert witnesses, accident reconstruction specialists, medical professionals, and other relevant parties to gather evidence that supports your claim.
Negotiation and Settlement:
Experienced wrongful death attorneys are skilled negotiators. They understand the tactics used by insurance companies and other defendants to minimize or deny compensation. Your attorney will advocate on your behalf, striving to achieve a fair settlement that adequately addresses the damages you have suffered.
In cases where a fair settlement cannot be reached through negotiation, your wrongful death attorney will be prepared to take your case to court. They will build a strong litigation strategy, present your case before a judge and jury, and fight vigorously for your rights and the compensation you deserve.
If you have lost a loved one due to the negligence or wrongful act of another party, it is crucial to act promptly to protect your rights. Alpert Schreyer, LLC is here to support you during this difficult time. Our team of compassionate and skilled wrongful death attorneys has a deep understanding of Maryland’s laws and will guide you through the legal process.
Don’t let the statute of limitations expire before you take action. Contact Alpert Schreyer, LLC today for a free consultation. Our attorneys will listen to your story, assess the merits of your case, and provide you with the legal representation you need to seek justice and obtain the compensation you deserve.