Towson Wrongful Death Lawyer
The unexpected loss of a loved one involves profound pain in any circumstance. The pain can be even greater when it occurs because another person or organization was negligent. The impact can be more than emotional—it can also be financial. All of this means the people left behind deserve support. They deserve compassionate and professional legal guidance, and they certainly deserve a fair financial settlement. The attorneys at Alex and LaFleur Attorneys at Law LLC have served the people of Towson, Timonium, and the Greater Baltimore Area since 2004, helping them receive what's fair and just in these difficult cases.
Call our wrongful death lawyers at (410) 755-5801 or contact us online today to schedule a free consultation. We’ll meet either in the office or virtually, depending on what works best for you.
What Is a Wrongful Death Lawsuit in Maryland?
While the impetus for a wrongful death lawsuit is the fault of one person or institution in the loss of another person's life, it is important to emphasize that this is not a murder charge against the party alleged to be at fault. Murder charges are handled by the criminal prosecutors in the District Attorney’s office and focus solely on the potential consequences for the defendant.
In contrast, a wrongful death case is pursued through the civil courts and deals with financial compensation for those the victim left behind. It will have a similar dynamic to other forms of personal injury cases, as we seek to prove that the defendant was negligent.
Strictly speaking, the criminal and civil cases do not intertwine—in fact, a wrongful death lawsuit can be brought even if no criminal charges are filed. That said, a conviction or guilty plea in a corresponding criminal case can certainly be introduced as evidence in the civil proceedings.
A wrongful death claim arises when a person’s death is caused by the negligence, recklessness, or intentional misconduct of another party. Common causes of wrongful death cases include:
- Car, truck, and motorcycle accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Nursing home abuse and neglect
- Premises liability incidents
- Criminal acts, including assault or homicide
What Sets Us Apart
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Thousands of Happy Clients
Our attorneys have successfully served thousands of clients, delivering personalized and effective legal solutions.
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Former Prosecutor Experience
With Mike LaFleur’s background as a former prosecutor, we bring unique insight into both sides of the law, giving us a strategic edge.
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Wide Range of Services
Our firm offers a wide range of experience across criminal defense, family law, personal injury, and estate planning, ensuring comprehensive legal support for your needs.
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Teamwork With A Track Record
At Alex and LaFleur, our strong teamwork and collaboration comes with a consistent track record of success, delivering positive outcomes for our clients,
With experience on both sides of the court system, we're prepared for whatever direction your case takes. Contact us today to get started.
What are the Financial Damages Involved in Wrongful Death Lawsuits?
There are different types of damages, each addressing different consequences of the deceased’s death, its impact on loved ones, and even the community as a whole:
Economic Damages
These are intended to cover the quantifiable financial losses resulting from the deceased's untimely death. This includes medical expenses incurred prior to the death, such as hospital bills and treatment costs. Funeral and burial expenses also fall under this category, easing the financial burden on the family during a difficult time.
Additionally, economic damages encompass the loss of income that the deceased would have provided had they lived. This calculation considers the deceased’s expected earnings over their lifetime, including potential raises and benefits, adjusted for expected inflation. The goal is to provide financial stability for dependents who relied on the deceased’s income for their standard of living.
Non-Economic Damages
These address the intangible losses that are harder to quantify but are no less significant. These include loss of companionship, affection, and emotional support that the deceased would have offered. Such damages recognize the profound emotional impact on the family, compensating for the void left by the deceased’s absence.
When seeking non-economic damages, it's essential to consider the emotional and psychological toll experienced by the family. The grief and loss of a loved one's guidance, love, and presence can have enduring impacts. To support this, detailed documentation of the familial relationship and testimonies from mental health professionals can be invaluable in substantiating these damages.
Punitive Damages
Punitive damages aim to punish the defendant for particularly egregious or malicious conduct and to deter similar behavior in the future. To qualify for punitive damages, the plaintiff must demonstrate that the defendant acted with actual malice or had a specific intent to cause harm.
Ultimately, all financial damages in a wrongful death lawsuit are vital in providing justice and support to the deceased's family. They help alleviate the financial strain and honor the memory of the loved one, allowing the family to rebuild their lives after a tragic loss.
What is the Statute of Limitations for Wrongful Death in Maryland?
The statute of limitations for filing a wrongful death lawsuit in Maryland generally requires that the claim be filed within three years from the date of the deceased person's death. This timeframe is critical, as filing a claim after this period typically results in the forfeiture of the right to seek legal recourse. Understanding this deadline is crucial for ensuring that your family's rights are protected, and that your path to justice remains clear and unobstructed.
However, there are exceptions that may extend or alter this deadline, such as if the discoverable cause of death was not immediately apparent. In such instances, the statute of limitations may begin from the date the cause was discovered. Our attorneys at Alex and LaFleur Attorneys at Law LLC in Towson are adept at interpreting these nuances and can offer guidance to ensure your claim is timely filed. We are committed to preserving your legal rights while navigating the often complex procedural landscape of wrongful death claims.
Who Can File a Wrongful Death Lawsuit in Maryland?
To file a lawsuit, there must be some connection to the deceased. The state of Maryland allows the following parties to bring a wrongful death lawsuit:
- Primary Beneficiaries: The deceased’s spouse, children, and parents.
- Secondary Beneficiaries: Siblings or other extended family members who can demonstrate financial dependence on the deceased.
This list can be extended to include tertiary beneficiaries—other relatives, including grandparents, who may be able to file as long as they can prove financial dependence. In the case of the wrongful death of a minor, the parents or guardians are also eligible to take legal action.
What is The Process of Filing a Wrongful Death Claim in Towson?
Initiating a wrongful death claim in Maryland involves several critical steps that must be strategically managed to increase the likelihood of a successful outcome. First, it is essential to gather substantial evidence that supports the claim of negligence. This includes collecting medical records, police reports, eyewitness testimonies, and, if applicable, any relevant documentation from parallel criminal cases. At Alex and LaFleur Attorneys at Law LLC, our attorneys are adept at compiling and evaluating this vital information to build a compelling case.
Once the necessary evidence is assembled, the next step involves filing the claim in the appropriate Maryland civil court. Our legal team assists clients in ensuring that all procedural requirements are fulfilled, such as submitting documents within the statute of limitations and selecting the correct jurisdiction for the filing. By working together, we aim to streamline this process, reducing administrative delays and ensuring our clients' voices are heard promptly and effectively in the courtroom.
Experienced & Compassionate Legal Guidance from Towson's Wrongful Death Attorneys
Dealing with legal matters can be difficult at any time, but particularly when coping with the grief of losing a loved one. What families need is the confidence that their wrongful death lawyer has a firm grasp of the law, is conscientious about their work, and is detail-oriented in their investigations. The attorneys in our Towson office, with experience dating back to 2004, offer you all of that, along with compassionate support.
Choosing the right legal team matters in such sensitive times. Our approach is rooted in empathy and understanding, aiming to provide not only legal support but also emotional reassurance for grieving families. With a track record of successful outcomes and unwavering dedication, our Towson attorneys are committed to advocating for justice while respecting the emotional journey our clients undergo.
Call (410) 755-5801 or reach out online today. We work on contingency, so if we don’t secure you a settlement, you don’t owe us anything.
Frequently Asked Questions About Wrongful Death
How Do Wrongful Death Claims Differ from Survival Actions?
While wrongful death claims and survival actions may seem similar, they address different aspects of compensatory justice. Wrongful death claims are filed by the family members of the deceased and focus on the financial and non-financial losses suffered by those left behind. These can include loss of companionship, financial support, and emotional support.
Survival actions, on the other hand, are brought on behalf of the deceased person's estate. This type of lawsuit seeks compensation for damages the deceased suffered before their death, such as pain and suffering, medical expenses, and lost wages. Both claims aim to deliver justice, though they serve distinct legal purposes and can be pursued concurrently to ensure all aspects of the tragedy are addressed.
What Are Common Causes of Wrongful Death Cases in Towson?
In Towson, wrongful death claims often arise from various incidents, including motor vehicle accidents, medical malpractice, workplace accidents, and defective products. Each scenario presents its own unique challenges and requires targeted legal strategies.
Motor vehicle accidents, particularly those involving large trucks on highways like Interstate 695, frequently result in tragic fatalities. Medical malpractice cases may involve misdiagnosis or surgical errors that lead to wrongful death. Workplace incidents often occur in industrial settings where safety protocols may be overlooked. Understanding these common causes aids in building effective legal strategies tailored to the specifics of each case.
Can a Wrongful Death Lawsuit Include Claims for Pain & Suffering?
Yes, a wrongful death lawsuit in Maryland can include claims for the pain and suffering experienced by the deceased prior to their death. This is typically pursued through a survival action, which is distinct from the primary wrongful death claim but is often filed simultaneously.
Claims for pain and suffering aim to compensate the estate for the distress the deceased endured, and they require robust documentation and evidence. This can include medical records and expert testimonies that demonstrate the severity and impact of the suffering experienced by the deceased. At Alex and LaFleur Attorneys at Law LLC, our attorneys are dedicated to presenting these sensitive details with precision, ensuring that the deceased's experiences are fully acknowledged in court.
What Evidence Is Necessary to Prove a Wrongful Death Claim?
Proving a wrongful death claim requires comprehensive and compelling evidence to substantiate the claim of negligence. This includes gathering official documents such as death certificates, autopsy reports, and accident reports. Eyewitness accounts can also be crucial, providing firsthand observations of the events leading to the wrongful death.
Additionally, expert testimonies from professionals in relevant fields, such as medical specialists or accident reconstruction experts, can provide authoritative insights that underpin the claim. Leveraging technology and digital evidence, like surveillance footage or data from electronic devices, can further enhance the claim's credibility. Our team at Alex and LaFleur Attorneys at Law LLC is adept at coordinating these various elements to construct a robust and persuasive case.
How Are Settlements Determined in Wrongful Death Claims?
Settlements in wrongful death claims are determined based on a variety of factors designed to equitably compensate the victims' families for their losses. This includes calculating economic damages, such as loss of income, and non-economic damages, like loss of companionship.
When determining settlements, negotiations often hinge on the presentation of compelling evidence that articulates the totality of the family’s loss. The goal is to reach a fair settlement that reflects both the tangible and intangible impacts of the loss, ensuring that families are supported as they rebuild their lives. At Alex and LaFleur Attorneys at Law LLC, we are committed to advocating for a thorough evaluation of all losses to provide the comprehensive compensation families deserve.
