Compensation when a person or business causes a death is not automatic. Affected parties must file insurance claims or wrongful death lawsuits to address the significant economic impact of losing a loved one.
Wrongful death litigation is an option when there is evidence that either negligence or outright misconduct led to someone dying prematurely. However, civil litigation is subject to a strict statute of limitations.
Those who wait too long lose the opportunity to take legal action. Understanding how the state sets the statute of limitations in wrongful death cases can help families avoid scenarios where they cannot obtain compensation due to delays in the legal process.
The date of death is what matters
There may be several key dates in a wrongful death scenario. If a person sustained a traumatic brain injury in a car crash that eventually proved fatal, they could be alive and under medical attention for days or weeks before they pass. The same is true for those injured in violent incidents or seriously injured by dangerous products.
Under the Maryland statute of limitations, it is the date when a person dies and not the date of the wrongful act or negligent incident that begins the countdown clock for the three-year statute of limitations. There are occasional exceptions to the strict limit in cases where the discovery of new evidence establishes fault or negligence when parties were previously unaware of who was to blame for their loss.
Reviewing one’s situation as soon as possible with a Maryland wrongful death attorney can help people understand their options. Grieving families often need guidance to avoid blowing the statute of limitations and losing their right to seek justice, and that’s okay.