The unexpected death of a loved one is devastating. Although nothing can bring a loved one back, a wrongful death claim may allow certain family members to hold wrongful actors responsible for their actions and to recover financial losses after a Maryland motorcycle crash. In Maryland, a wrongful death claim generally can be filed by a spouse, parent, or child of the victim. A spouse, parent, or child is considered a “primary” plaintiff for the filing of a wrongful death claim. In cases in which the victim has no spouse, parent, or child who qualifies to bring a claim, a wrongful death claim may be brought by any family member who is related to the victim by blood or marriage who was substantially dependent upon the victim. These individuals are considered to be “secondary” plaintiffs for the filing of a wrongful death claim—meaning that they can only file the claim if no primary plaintiff exists. There are also circumstances in which a certain family member may not qualify to bring a claim. Only one wrongful death claim may be filed based on the death of the victim.
What Is a Maryland Wrongful Death Claim?
A wrongful death claim is intended to compensate family members for their losses based on the victim’s death. It also provides an avenue for family members to hold others responsible for their wrongful actions. Generally, a wrongful death claim must be filed within three years of the victim’s death. If the victim’s death was caused by an occupational disease, the claim must be filed within ten years of the victim’s death or within three years of the date when the cause of the victim’s death was discovered, whichever comes first.
Defendants in wrongful death cases will often argue that the victim was at least partially responsible for the victim’s death. In Maryland, recovery may be barred if a defendant is successful in proving that the victim was partially at fault. This means that family members often have to defend against such claims in addition to proving the defendant’s fault.
Motorcycle Rider Killed in Crash
According to a recent news report, a motorcyclist was killed in a recent crash on a Sunday night. The crash occurred around 8:30 p.m. when a driver in a 2020 Honda Civic crashed into a man riding a 2005 Honda CBR600RR motorcycle as the Civic driving was turning left. The motorcycle rider died at the scene of the crash. The area was closed for about five hours as investigators processed the scene of the crash. Law enforcement continues to investigate the crash.
Maryland Wrongful Death Lawyers
The loss of a loved one can be overwhelming and filing a lawsuit may not be the first priority. However, consult with an experienced Maryland injury attorney is crucial, as evidence often disappears with time and there is a time limit on when the case can be filed. The Maryland wrongful death attorneys at Lebowitz & Mzhen, LLC can help families navigate the legal process after the death of a loved one. They have been fighting for the rights of accident victims and their families for decades. To schedule a free consultation, call (800) 654-1949 or contact them online.