In the tragic event of the death of a family member, a wrongful death claim may allow family members to recover compensation for the loss they suffered. Under Maryland’s Wrongful Death Act, a claim can be filed by certain family members against the parties at fault for the family member’s death. The Wrongful Death Act is intended to compensate family members of the decedent based on the losses suffered by the family members.
It is common for defendants in Maryland wrongful death claims to raise the fault of the victim as a defense. Maryland follows the doctrine of contributory negligence, which means that if a plaintiff is found to have been even the slightest bit negligent, the plaintiff is completely barred from recovery. Similarly, a person’s contributory negligence bars recovery of a subsequent wrongful death claim.
Another common issue is proving the elements of negligence in the absence of the victim’s testimony. Without the victim’s statement concerning what happened, families often have to rely on circumstantial evidence to prove the case. This often requires the assistance of experts and investigators. A plaintiff has the burden to prove all the elements of the claim by a preponderance of the evidence, including whether the defendant’s conduct caused the plaintiff’s injuries. Mere speculation cannot sustain a negligence claim. A plaintiff must prove that the defendant’s conduct failed to meet the standard of care, that the defendant’s failure to meet the standard of care caused the plaintiff’s injuries, that the injuries were a foreseeable result of the defendant’s conduct, and that the plaintiff suffered injuries.
A wrongful death claim generally must be brought in Maryland within three years of the decedent’s death. Under the Wrongful Death Act, a spouse, parent, or child can file a wrongful death claim, or if those family members do not exist, another person that is dependent on the decedent and is related to the decedent by blood or marriage.
Man Killed in Motorcycle Crash with Semi-Truck
A 73-year-old man was killed in a recent crash between a motorcycle and a semi-truck, according to one news article. The crash, which took place on a Sunday afternoon, reportedly occurred after the semi-truck driver failed to stop at a stop sign. The semi-truck was traveling northbound when it entered the intersection, colliding with a motorcyclist who was crossing through the intersection at the same time. According to police, the motorcyclist did not have a stop sign. The motorcyclist crashed into the side of the semi-truck and died at the scene.
Contact a Maryland Motorcycle Accident Lawyer
If your loved one has been injured or killed in an accident, contact a Maryland injury lawyer for immediate assistance. If your loved one was injured or killed due to another person’s negligence, that person should be held responsible for their actions. The dedicated injury attorneys at Lebowitz & Mzhen, Personal Injury Lawyers, are ready, willing, and able to assist Maryland motorcycle accident victims. Our attorneys work closely with experts to evaluate your claim and build the most persuasive case possible. Call 1-800-654-1949 or contact us online today to set up a free initial consultation.