Losing a loved one because of someone else’s actions is heartbreaking. In the days and weeks that follow, grieving families are trying to navigate medical bills, funeral expenses and an uncertain future.
Family members and friends may try to be helpful and offer advice, especially about what steps to take next. However, even though they have good intentions, they’re not always right – especially regarding wrongful death claims. Clearing up those misconceptions and providing you with the facts can help you make informed decisions.
1. You can’t file a wrongful death claim if there are no criminal charges
Many people believe that a wrongful death lawsuit depends on a criminal case. The truth is that the two are entirely separate.
The government brings a criminal case to hold someone accountable for violating the law. A wrongful death claim is a civil action brought by eligible family members to seek compensation for their losses. Even if no one is arrested or convicted, a wrongful death lawsuit can still move forward.
2. Only the surviving spouse can file a wrongful death claim
The surviving spouse often has the right to file a wrongful death claim, but they aren’t the only person who may do so. Other primary beneficiaries, such as the deceased’s parents and children, can file a claim. If there are no surviving primary beneficiaries, other relatives who were substantially dependent on the deceased may also have the right to pursue a wrongful death claim under specific circumstances.
3. If the deceased was partially at fault, there is no case
This isn’t always true. Maryland follows the doctrine of contributory negligence, which means recovery may be barred if the deceased is found to have contributed to the accident.
Determining fault isn’t always clear-cut. Insurance companies may attempt to place blame on the deceased, even when evidence points to the contrary. A thorough investigation can help ensure that the facts are accurately presented.
If you believe another person’s negligence caused your loved one’s death, a wrongful death claim can help you seek accountability and financial support after a preventable tragedy. It’s essential to understand all the facts about wrongful death claims. A legal professional can explain the law, help you understand your rights and work with you to determine the best path forward during this difficult time.