Posts Tagged ‘wrongful death’

All About Wrongful Death Lawsuits

Friday, July 2nd, 2010

What is a wrongful death lawsuit and who can file for wrongful death?

Wrongful death is a death caused by another person’s recklessness, negligence, malpractice, or conscious disregard for another’s well being. A person killed in a construction accident, by a drunk driver, or due to medical malpractice, is the victim of wrongful death. Importantly, wrongful death law suits are civil, not criminal, charges, they are meant to help families recover damages for the pain and hardship they must endure due to the loss of a loved one.

State laws concerning lawful death vary, but in all states the close relatives of the deceased, such as spouses, children, and parents can file lawsuits for wrongful death.  If children are minors, they will usually need to file the lawsuit through a legal guardian, called a guardian ad litem. Sometimes, more extended family such as step-family, grandparents, and dependents may also be permitted to file for wrongful death.

Wrongful death cases fall under a statute of limitations, meaning that the lawsuit must be filed within a certain period of time from the event of death. Wrongful death cases in Virginia must be filed within two years of the date of death. Wrongful death cases in Washington, D.C. must be filed one year from the date of death. Wrongful death cases in Maryland must be filed within three years from the date of death.  Where the case will be tried depends on several factors that must be considered by an attorney, so it is best to first contact an attorney in the general area where the death occurred.

At the Barrera Law Firm, we have tried wrongful death cases in Virginia, Maryland, and D.C. with great success. It takes experience and empathy to deal with these cases adequately. If you need to file a wrongful death case, or have legal questions concerning a loved one’s wrongful death, do not hesitate to contact the law offices of Daniel Barrera today.

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Damages and Compensation for Wrongful Death

Monday, June 28th, 2010

What types of damages can be awarded for wrongful death?

Wrongful death cases are always difficult for all parties involved. Alongside difficult emotional distress comes the need to deal with complex legal matters that can make these types of cases more painful and depressing than they need to be. I have dealt with many of these types of cases, and as a lawyer I try to make them as painless as possible for the parties involved, making sure that adequate compensation is awarded to the grieving loved ones of the deceased.

Listed below are the types of damages that can be awarded in cases of wrongful death. In other words, the costs incurred due to a wrongful death may be compensated if they are:

  • Medical and funeral expenses associated with the death
  • Loss of earnings between time of death and expected retirement or death
  • Loss of benefits such as pension, medical coverage, etc.
  • Loss of inheritance
  • Compensation for mental anguish and suffering of the grieving survivors
  • Loss of care, protection, and support for the survivors
  • Punitive damages for willful or wanton conduct, such as recklessness or a conscious disregard for the safety of others.

To decide the amount of damages, the jury will consider many things such as earning history, health, spending habits, character, lifestyle, etc. These calculations are incredibly complex and require an expert witness. I usually hire an economist who can examine a case full circle and develop a reasoned estimate of the damages. Professional economists are able to take into account not only the income and wages lost, but as well the costs for care of the survivors, such as a family of young children, as well as other essential though often overlooked costs associated with wrongful death.

As I said, wrongful death cases are always difficult for the survivors – having dealt with many of these cases and as many grieving families, I know how to meet the needs and wishes of the family and survivors.  If you or a loved one are the victim of a wrongful death incident, do not hesitate to contact the Barrera Law Firm to schedule a free consultation. If you have any questions at all, please feel free to contact us today.

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Statute of Limitations in Maryland

Sunday, June 20th, 2010

A statute of limitations is basically a limit on the time in which a lawsuit can be filed. For example, if you were a victim of a personal injury case 15 years ago, you would no longer be able to file a lawsuit pertaining to that injury because it was so long ago and the state of Maryland only permits these types of cases to be filed within 3 years from the date of injury. Fortunately, Maryland has relatively longer statutes of limitations compared with Virginia and D.C. Even so, there is no reason to wait any longer than necessary to file suit granted you have a viable case.

Below are a list of the most popular types of cases that are handled by the Barrera Law Firm in Maryland and the statutes of limitations pertaining to them:

Wrongful Death – a wrongful death claim must be filed within three years of the date of death. If the wrongful death was caused by any toxic substance in the deceased’s workplace, during in the course of employment, the suit may be filed up to ten years from the date of death, or within 3 years of the date when the cause of death was discovered, whichever is shorter.

Personal Injury – a personal injury lawsuit must be filed within three years of the date of injury.

Medical Malpractice – lawsuits against health-care providers must be filed within five years of the date that the act giving rise to the claimed injury. If a minor is victim to medical malpractice and is under the age of 11, he has until his 16th birthday to file suit.

Product Liability – lawsuits must be filed within three years after the victim suffers the injury.

Minors under the age of 18 are a special case and sometimes the statute of limitations apply in unique ways that can only be circumvented or taken advantage of by a skillful legal representative.

It would be a shame and perhaps a grave error to miss out on filing a case before its statute of limitations ends. If you are unsure whether your case has potential to be tried due to the statute of limitations, do not hesitate to contact the Barrera Law Firm today – we can get your case filed and tried in a timely manner so that you can receive the compensation you deserve.

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