Following a loved one’s unexpected passing, you may feel overwhelmed and unsure of what to do next. In fact, pursuing a lawsuit may be the furthest thing from your mind. Depending on the circumstances of the situation, however, a lawsuit may be the best course of action for you and your loved ones. Understanding how to recover following the loss of a loved one can often be a complex legal process, so getting a lay of the land of the implications the law could have on your case is essential.
According to a recent local news report, a teenager was recently struck and killed in a fatal tractor-trailer accident. Based on a preliminary investigation, Maryland State Police reported that the teenager ran into the middle of the road suddenly when he was struck by a passing tractor trailer. The teenager was found dead at the scene. The driver of the tractor-trailer remained at the scene and there were no other reported injuries. Maryland authorities are continuing to investigate the circumstances that led to the accident.
In Maryland, a wrongful death occurs when someone dies because of the negligent or reckless actions of another individual. Wrongful death claims are typically filed by relatives of the deceased and seek compensation for harm done to them as a result of losing their loved ones.
What Is the First Step to Filing a Maryland Wrongful Death Case?
If you are considering filing a wrongful death lawsuit, you must first ensure that you are the right party to do so. In Maryland, not everyone is eligible to file a wrongful death claim. Based on state law, wrongful death actions can be filed by the deceased’s spouse, parents, or children. If no one falls into these categories, anyone who was related to the deceased by blood or marriage and was substantially dependent on them is eligible to bring a claim also.
The next step in a wrongful death claim is to figure out whether your claim is still valid under Maryland’s statute of limitations. Wrongful death lawsuits in Maryland must be filed within three years of the death of your loved one. If you wait to file your lawsuit after the three years has passed, it is highly unlikely that a court will be willing to hear your case.
Getting started early in the legal process is essential—even if you aren’t sure if you will file your lawsuit. Often, it takes time to get connected with an experienced personal injury lawyer, sort out the details and circumstances of the case, and examine the facts before you can make a decision about whether to proceed with a claim.
Do You Need a Maryland Accident Attorney?
If you or someone you know was recently injured or killed in a Maryland personal injury accident, contact the lawyers at Lebowitz & Mzhen today for assistance. Our lawyers have years of experience fighting on behalf of the injured and will work to get you the compensation you and your loved ones deserve. To schedule a free initial consultation today, contact us at 800-654-1949.