Mourning the loss of a loved one is never easy, especially when the negligent or reckless actions of another cause their death. While nothing can bring them back, holding those responsible accountable for their actions can bring a sense of closure and justice. If your loved one has lost their life due to the negligent or intentional act of another, please don’t hesitate to contact a compassionate Prince George’s County Wrongful Death Lawyer who can help you navigate this difficult time.
Who is Eligible to File a Maryland Wrongful Death Claim?
Each state in the U.S. has laws governing who can file a wrongful death claim in the state’s civil court system. In Maryland, there are two types of wrongful death claims: survival actions and wrongful death actions. Survival actions are lawsuits in which the estate is the plaintiff rather than any beneficiary. Wrongful death actions may be filed by one or more of the decedent’s beneficiaries.
Similar to a wrongful death claim, a survivor’s action is a claim filed by the personal representative or executor of the decedent’s estate. Typically, personal representatives are chosen during a person’s lifetime and named in a will. If a person dies without a will naming a personal representative, the court will appoint someone to act as an administrator to file the lawsuit. The personal representative will act on behalf of the claimants (surviving family members) through a survivor’s action as they seek compensation for the harm done to them as a result of the death.
With a wrongful death claim, only certain family members qualify. In Maryland, the decedent’s spouse, parents, or children are permitted to file a wrongful death claim. If no one qualifies, any person related to the decedent by blood or marriage and who was substantially dependent on the decedent may file a wrongful death lawsuit.
What is the Statute of Limitations?
In the state of Maryland, the personal representative of the decedent’s estate will only have three years from the date of death to file a wrongful death claim in accordance with the state’s statute of limitations. Understandably, initiating a legal process in the midst of mourning the loss of a loved one is not the first thing that comes to mind. However, waiting any longer than this period to file your claim will result in being permanently time-barred from pursuing legal action for damages.
At Timian & Fawcett, LLC, we understand that there is nothing more devastating than losing a loved one, especially as a result of another party’s negligent or intentional act. However, it’s essential to consider your legal options when faced with such a horrific tragedy. If you believe that the negligence of another party caused a sudden loss, it’s in your best interest to contact a determined Prince George’s County wrongful death lawyer who can effectively represent your family’s future.