Litigation for wrongful death in Harford County may arise when patients die because of medical malpractice. These lawsuits are tightly controlled by state law, and they come with unique procedures not found in personal injury cases. However, several issues are common to these cases, such as:
* Who can file the suit on behalf of the estate.
* How a person is chosen as an estate representative.
* What kind of damages are permissible.
In this guide, all of the above issues are addressed in detail.
Who May File on Behalf of the Estate?
The person filing suit on behalf of the deceased person is often their closest surviving family member, such as a parent, child or spouse. That person often serves as the estate executor. In most cases, a deceased person’s family has no dispute over choosing an executor, but problems do arise in some cases because the executor has sole legal authority to file, handle and settle the wrongful death suit.
How Estate Representatives Are Chosen
Whether by agreement or following a hearing, the estate representative is chosen by the state probate court. The court requires the potential representative to notify all interested parties of the lawsuit. If there is no objection, the court appoints that person as the estate representative. However, if there is an objection, the court must decide who can best represent the estate’s interests.
Damages in Wrongful Death Cases
A plaintiff in a case involving wrongful death in Harford County can typically recover customary damages available in malpractice cases, such as lost wages, lost employee benefits, medical expenses and pain and suffering. Damages vary by jurisdiction, and if a person believes they may be able to file a wrongful death suit on behalf of a relative, they should hire an attorney as soon as possible. In addition to standard damages, wrongful death plaintiffs can collect for funeral expenses and loss of support. Spouses are entitled to damages for loss of household services and loss of consortium, and punitive damages are available in cases where a defendant’s conduct is deemed unacceptable.
Limits on Wrongful Death Damages
Some areas have award limits on certain types of wrongful death damages. To learn more about the state’s rules on wrongful death litigation, families should contact a wrongful death lawyer with Markeylawfirm.com for advice.
