Wrongful Death Lawyers Germantown, MD

Losing a loved one because of someone else’s careless or wrongful conduct can leave a family dealing with grief, uncertainty, and unexpected financial hardship. While no lawsuit can make you whole again, a wrongful death claim may help surviving family members get some measure of justice. A wrongful death lawsuit can also help you get the financial compensation that you need to move forward with your lives.

At Metzger Wickersham, our wrongful death lawyers understand that families throughout Montgomery County may need answers after a devastating loss. Our team can investigate what happened, identify the parties responsible, gather evidence, and pursue the compensation that your family may be entitled to under Maryland law. We will work tirelessly to hold the at-fault party accountable for their actions and get you the money that you deserve.

If your loved one died because of a car crash, truck accident, medical negligence, defective product, dangerous property condition, or another preventable event, we can help. We offer free initial consultations and handle all cases on a contingency fee basis. Contact our law firm today to set up an appointment with a Germantown wrongful death attorney.

What Is a Wrongful Death Claim in Maryland?

A wrongful death claim is a type of personal injury lawsuit that is brought when a person dies because of something that someone else did or failed to do. Under Maryland law, certain surviving family members can pursue compensation for losses resulting from the death. 

In other words, if the deceased person could have brought a personal injury lawsuit had they survived, their survivors can file a wrongful death claim for the same incident. Wrongful death cases can arise from many different circumstances, including:

• Fatal Car and Truck Accidents: Motor vehicle crashes are a common source of wrongful death claims. A driver may cause a fatal collision by speeding, driving while distracted, driving under the influence, failing to yield, following too closely, or violating another traffic law.
• Medical Malpractice: Medical professionals have important responsibilities to their patients. When a healthcare provider’s negligence causes a fatal injury, surviving family members may have a wrongful death claim. This can include deaths that result from:
  • Failure to diagnose a serious condition
  • Misdiagnosis
  • Medication errors
  • Surgical mistakes
  • Anesthesia errors
  • Failure to monitor a patient
  • Birth-related medical negligence
  • Failure to respond appropriately to complications
• Nursing Home Neglect and Abuse: Older adults and vulnerable people in nursing homes deserve appropriate care and protection. A nursing home or other care facility may potentially be liable when inadequate staffing, medication mistakes, falls, neglect, abuse, or other failures contribute to a resident’s death.
• Dangerous Property Conditions: Property owners and other responsible parties have a duty to maintain reasonably safe premises and address known hazards. A fatal fall, drowning, assault, fire, or other incident can potentially lead to a wrongful death claim when the property owner failed to either fix or warn others about a dangerous condition.
• Defective Products: Manufacturers, distributors, and retailers of dangerous or defective products can be held liable if those products cause a fatal injury. 

There are many other types of accidents that can cause a wrongful death, such as motorcycle crashes, pedestrian accidents, bus accidents, bicycle accidents, and dog bites. If any of these incidents lead to a death, then it may be the basis of a wrongful death lawsuit.

These cases often involve complicated factual and legal questions. Determining who is legally responsible may require reviewing accident reports, medical records, employment records, surveillance footage, witness statements, photographs, electronic evidence, and other documentation.

The facts and circumstances surrounding each of these cases can vary significantly. A Germantown wrongful death lawyer can evaluate the available evidence and explain whether your family may have grounds for a claim.

Who Can File a Wrongful Death Lawsuit in Maryland?

Maryland has specific rules concerning who can bring a wrongful death action. Broadly, a wrongful death action may be brought by a surviving family member, including a spouse, parent, or child of the deceased. Other relatives may potentially have rights under Maryland law when there are no surviving close family members, and they were substantially dependent on the deceased person.

The identity and relationship of the person bringing the claim can affect how the case proceeds and how damages are evaluated. For example, a minor child who was fully financially dependent on a parent who died in an accident may recover greater compensation compared to a parent of an adult child who passed away in an accident. If you have questions about whether you may be able to file a wrongful death claim under Maryland law, a Germantown personal injury attorney can listen to your story and help you understand your legal rights.

There is a type of claim that is related to a wrongful death case that may be filed at the same time. A survival action can be pursued when the deceased person lived for a period of time after the accident and suffered before dying. For example, if a person was badly injured in a car accident and lived for several months before dying of their injuries, their survivors could pursue both a wrongful death action and a survival action.

Importantly, the damages in a survival action are paid to the estate. Any money recovered is then distributed pursuant to the deceased person’s will or through Maryland’s rules for intestate succession if the deceased person did not have a will. A Germantown wrongful death lawyer can help you understand your rights related to any claims you may have.

What Compensation Can You Recover Through a Wrongful Death Claim? 

A wrongful death can affect a family both financially and emotionally. Maryland law allows surviving family members to seek compensation for certain losses associated with the death of their loved ones.

Depending on the facts of the case, you may be able to recover money for:

• Medical expenses incurred before death
• Funeral and burial expenses
• Loss of financial support
• Loss of household services
• Loss of companionship
• Mental anguish and emotional pain
• Loss of parental guidance and care

Many of these losses do not stem from direct financial losses. For this reason, the value of a wrongful death claim cannot be determined simply by adding up bills. The financial and personal consequences of losing someone unexpectedly can extend far into the future.

For example, if a parent who was the primary earner in the family dies in a truck accident, the surviving family may experience years or decades of lost income and support. If a spouse dies, the surviving spouse may not only lose financial contributions, but also companionship, help around the house, and other forms of support.

Maryland law places limits on noneconomic damages in wrongful death and survival actions. Noneconomic damages compensate for intangible losses, such as emotional distress, loss of companionship, and loss of consortium. The current cap on noneconomic damages is approximately $965,000 for a survival action. A separate $965,000 cap applies to a wrongful death action; the wrongful death cap is higher when there is more than one beneficiary. These caps increase annually by $15,000. Different caps may apply to wrongful death claims arising from medical malpractice.

How Metzger Wickersham Can Help 

At Metzger Wickersham, we recognize that a wrongful death case is about more than financial compensation. It is about helping families seek accountability while protecting their legal rights during an extraordinarily difficult period.

Our attorneys can assist by:

• Investigating the cause of the fatal accident
• Identifying potentially responsible parties
• Gathering and preserving evidence
• Reviewing medical and other relevant records
• Calculating economic losses
• Working with qualified experts when necessary
• Communicating with insurance companies
• Negotiating a settlement
• Preparing the case for litigation when appropriate

We approach every case with the understanding that each family has different needs and circumstances. We also treat each of our clients with compassion and respect. 

One of our biggest roles during this time is to take the burden off grieving families. Dealing with paperwork, insurance adjusters, and the details of your loved one’s death can be overwhelming. You may also be dealing with funeral arrangements, financial concerns, and the emotional aftermath of an unexpected loss. We take over this work for you, leaving you free to focus on your healing and recovery.

Metzger Wickersham brings extensive personal injury experience to cases involving serious injuries and fatalities. Our team understands that establishing liability requires more than simply showing that an accident occurred. We work to identify the underlying cause, determine who may be legally responsible, document the family’s losses, and pursue an appropriate resolution.

Whether the case can be resolved through negotiation or requires litigation, we are prepared to advocate for your family. We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. 

Contact a Germantown Wrongful Death Attorney for a Free Consultation

The death of a loved one can leave family members with more questions than answers. If another person’s negligence or intentional conduct contributed to your loved one’s death, you may have the right to pursue a wrongful death claim. Our law firm can review the circumstances of your loved one’s death, explain your legal options, and help you get both answers and justice.

Metzger Wickersham is devoted to fighting for the rights of accident victims and their families in Germantown and throughout Montgomery County, Maryland. We will fight to get you the money that you deserve for your losses. To learn more or to schedule a free consultation with a Germantown wrongful death lawyer, give us a call at 240-946-9461 or fill out our online contact form.