New Maryland Wrongful Death ProceduresWritten by admin
Maryland wrongful death attorneys have noted that there are new steps that they have to take in order to successfully file a claim in court. While some do not affect clients, it is important to note that they can help speed up the process with some help
1) Statutes of limitation and other due dates must follow Maryland state regulations, even if the case is based on an injury that happened in another jurisdiction. However, the case will still follow precedents established in the state where the plaintiff’s loved one was injured.
2) One of the key changes is that all people who may be able to claim damages have to be named as plaintiffs, even if they are not filing the claim themselves. Maryland wrongful death attorneys and their clients need to make a good faith effort to inform these other parties via a process server. Our clients who can provide us the last known addresses of any spouses or loved ones can help speed up the process.
3) Parties who have been served can join cases, however, they cannot file a competing claim. They have 30 days to do so if they are a resident of the state and a potential party to a Maryland wrongful death lawsuit. The timeframe is 60 days throughout the rest of the U.S., and 90 days for those out of the country. If no action is taken, the case can proceed as original planned.
The changes basically ensure that successful Maryland wrongful death lawsuits help all of those affected by a fatality. As noted in other articles, there are caps on the amount of damages that can be obtained as a result of pain and suffering, although that is not the case for economic damages and lost wages.
It is also critical to retain any medical records as well as accident reconstruction data, if available. A Maryland personal injury attorney who has experience can construct a strong case, however the more evidence, available the better. More importantly, getting a free consultation can help you and any loved ones make sure that you know what needs to happen on your end prior to any case.
Maryland personal injury attorneys understand both the procedures and precedents that affect how cases are tried. Make sure you use the best one for your case and understands how to proceed to give you the best chance of success.