Saturday, January 30, 2016

Maryland Wrongful Death Lawyers: Proving Fault in a Wrongful Death Claim

When a person in killed as a result of another person’s negligent act, the survivors of the victims may file a wrongful death claim as part of a civil lawsuit. State legislators created the wrongful death and survivor statutes in order to provide the family with financial support, help with funeral expenses, as well as other damages. Regardless of whether a plaintiff is seeking damages in a wrongful death case or a negligence case, he or she much prove the same factors, which include the following: Proving Duty A defendant is liable for negligence if the defendant owed the deceased a duty of “due care,” which essentially means the defendant had a duty to either keep the deceased safe and/or avoid any action that would be harmful to another person. In a wrongful death case, a judge will determine whether the defendant owed a duty of due care. A judge will consider the following factors in coming to a decision: Public policy consequences of finding a duty in all similar cases If t

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