Losing a loved one, no matter what the circumstances surrounding her death, is a hard, heart-wrenching experience. But, when that loss has occurred due to the negligence of someone else, or the wrong actions of a third party, it can be unbearably difficult to get through. Families are left in shock and reeling from their loss in the blink of an eye, which means that they can struggle to get to grips with the legal ramifications of what has happened, as well as the financial burdens that may have been placed on them as a result. This is where a wrongful death attorney can help.
The Law Office of Matthew Kunka knows how overwhelming a wrongful death case can be for the families left behind, which is why we extend our support to grieving families in Glen Burnie, Columbia, and the surrounding Maryland communities, and why we make sure that we offer empathetic legal counsel that is geared solely towards seeking justice and compensation for the wrongful death of a loved one, because we know you need as much closure and stability as possible at such a difficult time.
Understanding Wrongful Death
Wrongful death is defined as a death that occurs due to the negligent, reckless, or intentional behavior of another individual, company, or entity. In Maryland, surviving family members may file a wrongful death claim to recover damages associated with the unexpected death of a loved one. The underlying principle is that if the decedent had survived, they would have been entitled to bring a personal injury lawsuit against the at-fault party. However, because the victim is no longer here to file a claim, certain family members step in to seek justice on their behalf.
Examples of wrongful death cases vary widely and include situations such as:
- Medical Malpractice: Where a healthcare provider’s negligence—misdiagnosis, surgical error, or improper treatment—contributes to a patient’s death.
- Motor Vehicle Collisions: If a driver’s reckless or intoxicated actions cause a fatal accident involving a car, truck, or motorcycle.
- Workplace Incidents: Industrial accidents, exposure to toxic substances, and inadequate safety measures that result in fatal injuries.
- Defective Products: Manufacturing flaws, design defects, or insufficient warnings can cause products to malfunction, leading to fatal consequences.
- Premises Liability: Failure to address unsafe conditions on a property, whether public or private, can sometimes lead to fatal accidents.
Under Maryland law, specific family members are eligible to bring a wrongful death claim, typically including the surviving spouse, children, and parents of the deceased. In some scenarios, other relatives or dependents may also be entitled to pursue a claim if none of these immediate family members are alive or able to do so. Because each situation has its own nuances, consulting a knowledgeable wrongful death attorney is vital for clarifying your rights and legal remedies.
The Emotional and Financial Impacts
The abrupt loss of a loved one is devastating in countless ways. Emotionally, the entire family must cope with grief, anger, and the lingering “what ifs.” Financially, the sudden absence of a primary breadwinner or caregiver can plunge a family into turmoil. Many who lose a spouse or parent discover that everyday bills, mortgage or rent payments, and educational expenses become nearly impossible to manage without the deceased’s income or support.
Additionally, end-of-life costs—such as funeral or burial expenses—can be prohibitively expensive. Families facing this crisis often feel overwhelmed, trying to reconcile their emotional needs with urgent financial responsibilities. In seeking damages through a wrongful death claim, families look not only for acknowledgement of their immense emotional suffering but also for practical resources to avoid slipping into poverty or losing what they have built over the years.
At the Law Office of Matthew Kunka, our goal is to reduce some of the burden on you by handling the legal complexities of your claim. We want you to focus on healing and taking care of yourself and your family. Our team pursues the maximum compensation available under Maryland law, allowing you to invest in the services and support you need to move forward.
Elements of a Wrongful Death Claim
While each case involves unique facts, every successful wrongful death claim must prove specific elements:
- Duty of Care: The defendant (the at-fault party) owed a duty of care to the victim. This means they were expected to act in a way that would avoid causing harm. For example, medical professionals have a duty to adhere to a standard of care, while drivers have a duty to follow traffic laws and operate their vehicles safely.
- Breach of Duty: The defendant failed to exercise reasonable caution or skill. This negligence, recklessness, or intentional misconduct constitutes a violation of the duty of care.
- Causation: It must be shown that the defendant’s breach directly contributed to or caused your loved one’s death. If an intervening event is responsible, the claim may not hold.
- Damages: The family members have suffered losses—both financial and emotional—because of the fatal incident. These can encompass funeral expenses, medical bills incurred prior to death, and loss of financial support, as well as emotional distress.
Evidence supporting each of these elements can be complex. Our role as your wrongful death attorney is to diligently investigate the incident, gather pertinent records (such as medical documents, accident reports, or expert opinions), and construct a solid case that addresses each requirement.
The Role of a Wrongful Death Attorney
When dealing with the untimely loss of a loved one, taking on legal challenges by yourself can become an extra burden during a time of bereavement. This is where hiring a dedicated wrongful death attorney can make a significant difference. Here are some of the responsibilities and advantages of partnering with the Law Office of Matthew Kunka:
- Comprehensive Investigation: We conduct an in-depth review of all the facts and circumstances involved in your case. This includes reviewing medical records, police reports, witness statements, or corporate documents if the at-fault party is a company. We also consult with subject-matter experts—like accident reconstruction specialists or medical consultants—who can reinforce the evidence supporting your claim.
- Establishing Liability: A wrongful death claim hinges on demonstrating negligence or wrongdoing. This process can be complicated, especially if multiple parties share responsibility or if the defendant is disputing their liability. With years of experience in personal injury and wrongful death cases, we know how to navigate these hurdles and pinpoint where liability lies.
- Identifying Damages: Quantifying financial and emotional losses is critical. We gather documentation and testimony to illustrate the full scope of your family’s damages, from the loss of companionship and emotional support to the loss of the deceased’s income and benefits. This thorough approach ensures we leave no avenue of compensation unexplored.
- Negotiation and Settlement: Often, insurance companies or defendants will propose a settlement in an attempt to end the matter quickly. Our firm carefully evaluates any offer to verify whether it adequately addresses your immediate and long-term needs. If negotiations stall or the other side fails to take your claim seriously, we are fully prepared to represent your interests in the courtroom.
- Compassionate Client Support: We understand that the grieving process is challenging and emotionally draining. We will do our utmost to make the legal process as transparent and stress-free as possible. From keeping you informed on case developments to answering questions about Maryland law, our team operates with empathy and respect for the sensitivity of your situation.
Potential Damages in a Wrongful Death Case
Damages in a wrongful death case often fall under two main categories: economic and noneconomic.
Economic Damages
- Funeral and Burial Costs: A wrongful death settlement can reimburse you for expenses related to laying your loved one to rest.
- Medical Bills: If the deceased received emergency care or other medical treatment before passing away, these bills may be included in the damages claim.
- Loss of Financial Support: The income that the deceased would have contributed to the household over their expected lifetime is typically recoverable. This includes wages, bonuses, retirement benefits, and other forms of compensation.
- Loss of Services: If your loved one performed significant household tasks—like childcare, cleaning, or home maintenance—the cost of replacing these services can be factored into the claim.
Non-economic Damages
- Pain and Suffering: While these intangible losses can be difficult to quantify, courts recognize that surviving family members endure mental anguish and emotional distress.
- Loss of Companionship: Maryland law acknowledges the value of the emotional support and guidance that the deceased provided. Surviving spouses, children, and other close relatives may be compensated for the absence of that companionship and affection.
Given Maryland’s legal guidelines, calculating the full and fair value of a wrongful death claim requires meticulous analysis of both current and future losses. Our firm has helped numerous families estimate and pursue these damages to achieve a resolution that provides security and stability.
Why Choose the Law Office of Matthew Kunka
When dealing with the daunting aftermath of a wrongful death, you need an attorney who understands the emotional stakes and possesses the legal skill to advocate for your family’s interests. At the Law Office of Matthew Kunka, we aim to combine compassion with fierce advocacy, and here’s why families in Glen Burnie, Columbia, and surrounding areas trust us:
- Local Focus and Experience: Our practice is deeply rooted in the Maryland community. We have handled complex wrongful death cases for clients in Glen Burnie, Columbia, and beyond, maintaining relationships in local courts and understanding the specific procedures that govern civil claims in the area.
- Client-Centered Approach: We recognize the stress you are under and work diligently to ease that burden. From the first consultation, you will notice our commitment to transparent communication. We keep you informed of every development, listen to your concerns, and welcome your input in shaping the legal strategy.
- Tailored Legal Strategies: No two wrongful death cases are the same. While we apply our comprehensive knowledge of Maryland law, we also delve into the unique facts of your case to craft a bespoke approach. This can involve specialized experts, advanced investigative techniques, and negotiations suited to your particular circumstances.
- Fierce Representation: Insurance companies and defense attorneys often attempt to minimize or deny valid wrongful death claims. We stand firm against these tactics, leveraging our negotiation skills and trial experience to demand the compensation your family rightly deserves. If a fair settlement cannot be reached, we are fully prepared to argue your case before a judge and jury.
- Compassionate Guidance: While our priority is to achieve a favorable legal outcome, we never lose sight of the human element involved. We treat each client with genuine compassion, providing emotional support and reassurance at a time when you may need it the most. We do our best to guide you in regaining some semblance of normalcy, all while aggressively pursuing justice in the legal arena.