The unexpected death of a loved one may feel wrongful, but only certain circumstances warrant a wrongful death lawsuit. Generally speaking, Maryland allows for wrongful death litigation in cases involving either clear negligence or intentional acts that are wrongful, such as drunk driving.
The people left behind when someone dies unexpectedly could file wrongful death lawsuits against motor vehicle operators, negligent medical facilities or companies that release defective products. Only one wrongful death lawsuit is generally permissible per tragedy, and the law determines who can file such lawsuits.
Who can pursue compensation in an actionable wrongful death scenario?
Immediate family members often file
The people most affected by a tragedy are usually those closest to the person who died. Frequently, wrongful death lawsuits begin with a spouse or the children of the person who died initiating litigation.
When the party who passed did not have a spouse or children yet, their parents might file the wrongful death lawsuit. In situations where there may not be any close surviving family members capable of taking legal action, the matter may fall to the personal representative of the estate.
The estate of the deceased person assumes responsibility for their debts and control of their property. Initiating a lawsuit on behalf of the estate based on the impact of the tragedy could be an option. The funds recovered can then help cover probate costs and reimburse surviving family members for the economic consequences generated by their loss.
Reviewing what happened and who may be liable with a personal injury lawyer can help grieving families or worried personal representatives understand their options. A successful wrongful death lawsuit can diminish the financial impact of a tragedy and may even provide a sense of closure.