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Frederick, Maryland Wrongful Death Lawyer
Compassionate Attorney for Wrongful Death Claims in Frederick
Attorney Spotlight A.J. Serafini
- Elite Lawyer, 2024 - Present
- Super Lawyers Rising Stars, 2021 - Present
- The National Trial Lawyers, Top 40 Under 40
- Herald-Mail Readers' Choice Award for Best Attorney, 2018
- Herald-Mail Media's "Best of the Tri-state", 2019 and 2020
When an unexpected accident claims the life of a loved one, it can be immensely difficult to process the feelings of sorrow, shock, and anger in the months that follow. During this grieving process, you should know that Maryland allows certain surviving family members to file a claim for compensation against the party at fault. With the help of a Baltimore, Maryland wrongful death lawyer, you can pursue legal action to get payment for funeral expenses, lost income, and other damages.
At Serafini Law, we provide personalized service to every client. As a solo practitioner, Attorney Andrew Serafini will work with you one-on-one to explore your options for obtaining compensation, handling the paperwork and investigation on your behalf.
GET JUSTICE FOR YOUR INJURIES –– CALL 240-744-1600
Types of Wrongful Death Cases We Handle
A wrongful death claim arises when someone loses his or her life because of another party's negligence or wrongful conduct. In Frederick and throughout Maryland, these cases often stem from incidents that never should have happened.
Motor vehicle accidents are one of the most common causes. Fatal crashes involving passenger vehicles, commercial trucks, motorcycles, or pedestrians frequently involve speeding, distracted driving, impaired driving, or other reckless behavior. Workplace accidents, including construction site incidents and industrial injuries, can also lead to fatal outcomes when safety standards are ignored.
Medical malpractice is another major source of wrongful death claims. A surgical error, delayed diagnosis, anesthesia mistake, or failure to properly monitor a patient can turn a treatable condition into a fatal one. Defective products and dangerous property conditions may also give rise to claims when they result in the loss of life.
Each case requires a careful investigation into what happened, who was responsible, and whether the conduct fell below the legal standard of care.
Contributory Negligence in Maryland Wrongful Death Claims
Maryland follows the doctrine of contributory negligence. Under this rule, if the deceased person is found to have contributed in any way to the accident, recovery may be barred entirely. Even a small percentage of fault can prevent surviving family members from obtaining compensation.
This rule makes wrongful death claims in Maryland particularly complex. Insurance companies often attempt to shift blame to the deceased person, arguing that he or she was distracted, failed to follow instructions, or otherwise contributed to the incident. In a fatal crash, for example, the defense may attempt to argue that the deceased was speeding or failed to yield.
Since contributory negligence can block an otherwise valid claim, thorough investigation and strategic presentation of evidence are critical. Witness statements, medical records, and expert analysis may all play a role in countering allegations of shared fault.
What Is My
Case Worth? Let's Find Out
The value of a personal injury case depends on factors like the severity of your injuries, the impact on your ability to work, and medical expenses. At Serafini Law, we evaluate each case to determine the potential compensation, including:
- Medical Expenses Coverage for past and future medical bills related to your injury.
- Lost Wages Compensation for the income you have lost due to your inability to work.
- Pain & Suffering Financial compensation for physical and emotional distress.
- Property Damage Reimbursement for damage to your vehicle or other property.
- Punitive Damages In cases of extreme negligence, additional compensation may be awarded as a form of punishment.
Think you
have a case?
Mr. Serafini was great about keeping us informed every step of the process of our case. He was always available to answer our emails or phone calls with concerns or questions. Mr. Serafini's Paralegal, Joanne, was also ex-tremely helpful and responded quickly to our concerns. Serifini Law shows their clients compassionate understanding.
What Is the Statute of Limitations for Wrongful Death Claims in Maryland?
In Maryland, wrongful death claims need to be filed within three years of the decedent's passing. Failing to file within this time frame can result in the permanent loss of the right to pursue compensation.
Certain limited exceptions may apply in specific circumstances, but courts strictly enforce filing deadlines. The statute of limitations typically begins running on the date the individual passes away, not necessarily the date of the underlying injury. Given the complexity of fatal injury cases, families should seek legal guidance as soon as possible to preserve their rights.
What Compensation Can You Be Paid for in a Wrongful Death Claim?
No financial recovery can undo the loss of a loved one. However, Maryland law allows certain surviving family members to pursue compensation for both economic and non-economic losses.
Economic damages may include funeral costs, medical bills related to the death, and the loss of the deceased person's income and financial support. If the individual provided household services, childcare, or other contributions, those losses may also be considered.
Non-economic damages may include mental anguish, emotional pain and suffering, loss of companionship, loss of parental guidance, and the impact of the loss on the family's daily life. Maryland law places a cap on non-economic damages in wrongful death cases, and the cap can vary depending on the number of beneficiaries and the year of the claim.
Injured? Call 240-744-1600 Now.
What Court Handles Wrongful Death Claims in Frederick?
Wrongful death claims involving significant damages are typically filed in the circuit court for the county where the claim arises or where the defendant resides. In Frederick County, higher-value personal injury and wrongful death cases are generally handled in the main circuit court for the county. The address is as follows:
- 100 West Patrick Street, Frederick, MD 21701
Frequently Asked Questions About Wrongful Death Claims in Frederick
In Maryland, primary beneficiaries such as a spouse, children, or parents of the deceased typically have the right to file a wrongful death claim. If no primary beneficiaries exist, certain secondary beneficiaries, including other relatives who were substantially dependent on the deceased, may be eligible. The specific family structure can affect how the claim is brought and how any recovery is distributed.
A wrongful death claim seeks payment for the damages suffered by surviving family members due to the death. A survival action, on the other hand, is brought on behalf of the deceased person's estate and seeks damages the individual could have recovered had he or she survived, such as medical expenses and pain and suffering before death. The two claims are related but legally distinct.
Initial settlement offers are often lower than the full value of a claim. Insurance companies may attempt to resolve the case quickly before the full financial and emotional impact is fully documented. Carefully evaluating the strength of the evidence and the long-term economic losses is important before agreeing to any settlement.
Contact a Frederick, MD Wrongful Death Attorney
The loss of a loved one due to negligence often leaves families facing grief, uncertainty, and financial strain. At Serafini Law, we can investigate the circumstances of the death and pursue a full remedy on behalf of the surviving family. Call 240-744-1600 or contact our Frederick wrongful death lawyer to schedule a free consultation. You will not pay any fees for our services unless we recover compensation for you.
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