Blog of William C. McCaskill
Unique Aspects of Wrongful Death Cases
Posted on March 25, 2017
Wrongful death cases – what are they? Wrongful death cases are civil suits filed by surviving family members seeking monetary compensation, or damages, for the loss of their loved one. They differ from criminal cases involving death such as first or second-degree murder or manslaughter in that a criminal case usually involves some sort of punishment, like incarceration or fines; criminal cases, however, do not provide for any damages payable to the survivors. Some common types of wrongful death cases may involve medical malpractice, failure to diagnose, or failure to treat.
Proving A Wrongful Death Case
Unlike a criminal case that involves a death, in which there must be intent, proving a wrongful death case involves showing that the defendant owed a duty of care to the deceased, that the defendant was negligent in some way and breached that duty of care, and that the negligence directly caused the victim’s death. If the plaintiff successfully proves all of these elements by a preponderance of the evidence – meaning that jury finds it more likely than not that the defendant’s negligence caused the death – then the plaintiff may be able to recover damages for the death of the victim.
Maryland’s Intent Regarding Wrongful Death Cases
The intent of a wrongful death claim in Maryland is to compensate the survivors of the deceased for the death of their loved one that was caused by someone’s negligence. Because the deceased is no longer alive to file a case on his or her own behalf, the family members must bring the case to hold the defendant accountable for his or her own actions that caused the untimely death.
If Your Family Has Suffered The Loss Of A Family Member Due To A Wrongful Death Case, Reach Out to Us for Help
It is never easy to lose a loved one – even more so when it is an unexpected and untimely death. Do not wait to take action. If someone’s negligence has cost you the life of a loved one, contact the Law Office of William C. McCaskill, PLLC. Our caring and compassionate legal professionals can help you to understand the law and what remedies you have. Nothing can replace your loved one, but you can see that justice is served by allowing Attorney McCaskill to fight for your rights. Call us or contact us online to schedule your complimentary consultation today.