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When you can file a wrongful death lawsuit

On Behalf of | Apr 14, 2021 | Wrongful Death |

Fatal motor vehicle accidents can be far-reaching and traumatizing for Maryland residents. They can also be financially devastating with exorbitant medical bills and funeral costs. If the deceased was the family breadwinner, survivors may worry about how they will survive in the long term.

Who can file a wrongful death lawsuit?

If you’ve lost someone in a car accident, you probably have many questions about how to seek compensation for their death. First of all, it’s important to know that only certain close family members including parents, siblings, grandparents, children and spouses can file a wrongful death lawsuit against the person who caused the accident. The person who caused the accident could be the person driving another vehicle or the person driving the vehicle your loved one was riding in.

Most often, the spouse and children are the first parties eligible to file wrongful death cases. In the event that they do not want to deal with the legal proceedings, other family members including parents, siblings and grandparents can file the case.

Proof for a wrongful death case

Because the driver responsible for the accident will likely downplay or deny their involvement, it is wise to seek professional assistance to file your wrongful death case. Proving that the driver was at fault might be difficult; it requires your personal injury attorney to prove:

  • The driver’s behavior was negligent.
  • Your loved one’s death was the direct result of this negligence.
  • You have since racked up damages including pain and suffering, medical expenses and lost wages because of the death.

Determining a settlement for wrongful death

It can be difficult to put a monetary value on the loss of a loved one. However, your attorney will consider things like funeral expenses, lost income from the deceased, the mental turmoil of lost companionship, and general pain and suffering while representing your interests.