The origin of a wrongful death case is when someone dies and it is the fault of another person. It can occur as a result of a variety of accidents.
Who Is Able To Bring A Wrongful Death Suit?
State statute generally defines who can file a wrongful death claim and that generally includes immediate family such as spouses, parents and children as well as any heirs that are included in a will. Additionally, in certain circumstances, there are other dependents that could essentially qualify as family members as well.
The Biggest Challenges Faced In Wrongful Death Cases
One challenge that everyone faces in a wrongful death case are insurance policy limits. A lot of wrongful death cases result out of auto accidents, or accidents on someone’s property called premises liability. What you often find is there are very few insurance policies that cover the enormous damages of a wrongful death. One of the challenges is always a worry about is what the insurance policy limits are and whether it is a covered loss.
One example might be if the person responsible for the accident which causes a death doesn’t have a job, a home or own a car it’s a big challenge as far as the recovery is concerned. In cases like that you would look to see what other insurance policies, or what other available means of recovery there are. However, very often the person who caused the wrongful death doesn’t have the financial means to compensate the family or the estate even after every insurance policy is taken into account. That is one of the biggest challenges that people face in all types of wrongful death and insurance cases. People tend to buy cheap insurance policies to save money, which does not really protect them as far as getting a large judgment against them. Therefore it does not allow for enough money for the family of someone who is wrongfully killed. In those cases we do a review of the victim’s own policies to determine if they may have coverage. An example of those coverages are under insured or uninsured motorist coverage which will supplement coverage available from the responsible party.
What is The Statute Of Limitations On A Wrongful Death Claim?
The statute of limitations on a wrongful death claim varies depending on the jurisdiction or what type of case it is. Maryland, for instance, has a 3-year statute of limitations, whereas, West Virginia and Pennsylvania have a 2-year statute of limitations. If a beneficiary is a minor, that statute of limitations is extended until they actually become an adult. Phillips, Worthington and Allen had a case for a 7-year-old boy whose father was killed in an accident. That 7-year-old boy could sue and his parents or guardians could settle this case within the next 3 years. If nothing were to happen within that time, once this boy turns 18 he would have another 3 years to file a suit and go forward with it. Another thing to consider is if there is a child who may have a disability or may have significant problems in the future, sometimes it’s best to wait and see the medical results.
For more information on Wrongful Death Cases In Maryland, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (301) 892-6007 today.