ClickCease Who Gets Compensation in a Wrongful Death Lawsuit?

Who Gets Compensation in a Wrongful Death Lawsuit

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In a wrongful death lawsuit, once the determination is made by the court that the person who died was the victim of wrongful death, compensation may be awarded to the surviving family members.

Depending on the jurisdiction where the wrongful death lawsuit has been filed, the financial compensation may go to a spouse, children, parents, or other extended family.

What Is a Wrongful Death Claim?

Sad woman with hands by her face paralysis lawyerWrongful death is a legal term used to describe a condition where a person’s death is caused by another party’s misconduct.

Wrongful death claims can arise from many different circumstances. This includes motor vehicle accidents, medical malpractice, defective products, workplace accidents, and criminal acts. If you have lost a loved one due to the negligence of others, talk to our wrongful death attorneys to discuss your legal options.

Where does the money come from in a wrongful death?

If a party is found liable for the misconduct leading to a person’s wrongful death, they may be ordered to financially compensate surviving relatives for damages suffered. Depending on their insurance policy and the circumstances of the wrongful death, the negligent party may be covered.  The compensation will come from their policy whether it be auto insurance, homeowner’s insurance, renter’s insurance, medical malpractice insurance, or premises liability insurance.

In cases where the at-fault party is underinsured, meaning they don’t have enough insurance to fully compensate the victim’s family for their losses, a lawsuit can be filed against the at-fault party to seek damages beyond what is covered by their insurance policy.

What is the statute of limitations for wrongful death?

A statute of limitations is a law that sets a specific period during which legal action can be taken. In Maryland, the statute of limitations to file a wrongful death suit is three years. In Virginia and Washington, DC, the statute of limitations is two years. There are exceptions to the parameters jurisdictions put in place for when you can initiate a wrongful death case. Below are possible exceptions that may apply to the statute of limitations.

Maryland Wrongful Death

Virginia Wrongful Death

Washington, DC Wrongful Death

Consult with an experienced wrongful death attorney to determine the statute of limitations applicable to your case. Missing a critical deadline and failing to file within the statute of limitations can result in the case being dismissed.  The members of the victim’s family may lose the right to seek compensation for their loss.

Who Can Claim Damages and Who Receives Payment for Wrongful Death?

woman head on man's shoulder from the backThe family of the victim of wrongful death typically claims damages. The specifics of exactly who can make this claim, however, may vary according to the wrongful death statutes dictated by jurisdiction and state law in DC, Maryland and Virginia.

Maryland and Washington, DC

Section 3-904 of the Maryland Code provides in part:

How Can a Wrongful Death Lawyer Help?

Regan Zambri Long Attorneys Consulting with Cllient A wrongful death lawyer can provide legal representation and support to members of the family who have lost a loved one due to someone else’s negligence or misconduct. A  lawyer can help in the following ways:

Schedule a Free Consultation with Our Wrongful Death Attorneys

If you’re in Maryland, Virginia, or Washington, DC and believe you have a wrongful death lawsuit, contact Regan Zambri Long for a free, no-obligation consultation. Our experienced  and compassionate lawyers are here to answer your questions and help you navigate the often complex and overwhelming legal system.

Our attorneys are committed to providing comprehensive and effective legal representation to our clients. We have extensive experience with wrongful death suits, wrongful death settlements, and litigating your case if necessary. We understand this is a devastating time in your life and we are here to help you through this.

Schedule a Free Consultation

Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.

Call 202-960-4596

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