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The statute of limitations in a wrongful death lawsuit

On Behalf of | Nov 10, 2021 | Wrongful Death |

If you have considered filing a wrongful death lawsuit in Maryland on behalf of a loved one who passed away due to another person’s negligence, you have a limited amount of time in which to do so. The time frame for filing is called the statute of limitations, and if you attempt to file beyond the expiration date, your lawsuit will probably be thrown out of court.

What is a statute of limitations?

A statute of limitations is essentially the length of time in which you can legally file a lawsuit after a harmful act. For wrongful death, the statute of limitations is three years from the date on which the death occurred. Generally, the state of Maryland has a three-year statute of limitations for most civil lawsuits. However, there are different rules for certain non-fatal negligence claims. One such case applies to medical malpractice. The statute of limitations in Maryland in this regard is the earlier to occur of five years after the date of the incident that led to the harm or three years after the victim discovered, or reasonably should have discovered, the injury.

What kind of damages can you recover?

It doesn’t matter if you file a wrongful death lawsuit due to an accident, medical malpractice, or another type of incident. You can file for compensation for a variety of damages. You can recover damages for your loved one’s pain and suffering, your own pain and suffering, medical bills, lost wages, funeral expenses and more.

Wrongful death claims go hand-in-hand with personal injury. While a lawsuit won’t bring back your loved one, know that you have rights when it comes to getting justice served.