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Serious injuries deserve experienced attorneys
Did you lose a loved one in an accident caused by negligence in Hyattsville, MD?
At Cohen & Cohen, P.C., we are wrongful death lawyers who pursue full recovery for the families of people lost to negligence.
If a family member died because of another person’s carelessness, Maryland law allows the surviving spouse, children, and parents to seek compensation for that loss. A Hyattsville, MD wrongful death lawyer can investigate how the death occurred, identify every responsible party, and pursue the claim while your family grieves.
Cohen & Cohen, P.C. has represented surviving families for more than 25 years. Contact us for a confidential conversation about your family’s options.
Wrongful Death Lawyer Hyattsville, MD
A wrongful death claim, the type of case a wrongful death attorney in Hyattsville handles, is a civil action brought on behalf of close family members when a person dies because of another party’s negligence or wrongful conduct. It compensates the family for its own losses, including lost financial support and the loss of companionship and guidance. A related claim, called a survival action, is brought by the estate for the losses the person suffered before death, such as medical bills and conscious pain.
In 2024, 413 Prince George’s County residents died from accidents, also known as unintentional injuries, out of 7,030 total deaths, according to the state’s county death statistics. Many of those deaths resulted from vehicle crashes, falls, and other preventable events. Behind each number is a family facing funeral costs, lost income, and the absence of someone who cannot be replaced. A civil claim cannot change what happened, but it can provide the financial security a household needs after losing a provider or caregiver.
Types of Wrongful Death Cases We Handle in Hyattsville
Fatal injuries arise in many settings. Our Hyattsville wrongful death attorneys represent families after deaths caused by the following.
- Car accidents. Speeding, distraction, and impairment are among the top causes of fatalities on the road. We obtain the crash reconstruction and the at-fault driver’s records.
- Truck accidents. Fatal crashes involving commercial trucks often implicate the carrier’s hiring, maintenance, and scheduling practices in addition to the driver’s conduct.
- Motorcycle accidents. Riders killed by drivers who failed to yield deserve a full investigation, not the assumption that the rider was at fault.
- Bus accidents. Claims against transit agencies and bus companies follow special procedures and deadlines that differ from claims against private drivers.
- Medical malpractice. Missed diagnoses, surgical errors, and failures to monitor patients can be fatal. These claims follow additional procedural requirements and a separate damages limit.
- Nursing home abuse. Untreated infections, dehydration, and repeated falls can cause the death of a resident whose care was neglected.
- Workers’ compensation. A fatal workplace accident may give the family workers’ compensation death benefits and, when an outside party was negligent, a separate wrongful death claim.
- Pedestrian deaths. People walking along busy corridors such as East-West Highway and Baltimore Avenue face serious risk from drivers who fail to yield.
- Product injuries. Fires, explosions, and equipment failures caused by a defective product can support a wrongful death claim against the manufacturer. We preserve the product and retain engineers to determine why it failed.
- Slip and fall accidents. A fall caused by a hazardous property condition can be fatal, particularly for older adults. The property owner may be liable for failing to correct or warn of the hazard.
Why Choose Cohen & Cohen, P.C. as My Wrongful Death Lawyer in Hyattsville, MD?
Results for Families
Our firm has helped clients recover over $300 million. Results in cases involving a death have included:
- $2,400,000 in a medical malpractice and wrongful death case involving improper monitoring
- $1,500,000 in a birth injury case that resulted in a wrongful death claim
- $644,329 in a medical malpractice and wrongful death case arising from a surgical planning error
Each case depends on its own facts, and prior results do not predict the outcome of another matter. They do show the firm’s willingness to take on hospitals, physicians, and their insurers when a death could have been prevented.
Attorneys Who Represent Surviving Families
Wayne R. Cohen founded the firm and includes wrongful death among the core areas of his practice. In 2004, he was named among Washington’s top trial lawyers, and in 2006 The Washington Examiner described him as a prominent personal injury lawyer. He was admitted to the Florida Bar in 1991 and has since been licensed in the District of Columbia, Maryland, New York, and California.
Jill F. Stanley handles serious personal injury and medical malpractice litigation, including cases in which negligence led to a death. An alumna of the University of Michigan, she served on the Moot Court Board in law school and has since appeared on television and radio programs discussing legal issues, with commentary quoted in USA Today and the New York Post. For a grieving family, the right personal injury lawyer in Hyattsville, MD is one who can handle the litigation so the family does not have to. We represent families on contingency, so there are no attorney fees unless we recover compensation.
What Is Important to Understand About a Wrongful Death Case?
What Are Important Aspects of a Wrongful Death Case?
Many families are unsure whether to hire a wrongful death attorney while they are still grieving. As wrongful death lawyers in Hyattsville, MD, we explain the following features of the claim at the outset.
- Who may file. The claim belongs to the spouse, parents, and children of the person who died. If none survive, a relative by blood or marriage who depended substantially on the deceased may bring it.
- The estate’s role. A survival action is filed by the personal representative of the estate, who is appointed through the Register of Wills for Prince George’s County.
- Cause of death. Medical examiner findings often establish how the death occurred. Close family members can request autopsy reports from the Office of the Chief Medical Examiner.
- Contributory negligence. If the person who died is found to have been partly at fault, Maryland’s contributory negligence rule can bar the family’s claim, so the facts must be investigated thoroughly.
Damages, Liability, and Compensation for Wrongful Death Cases
Liability in a wrongful death case rests on the same proof as an injury claim: the defendant was negligent, and that negligence caused the death. Under Courts Article § 3-904, damages are not limited to financial loss.
Family members may recover for:
- Lost financial support and household services
- Mental anguish and emotional pain and suffering
- Loss of companionship, comfort, protection, and guidance
- Loss of parental, marital, or filial care
Any recovery for the family is divided among the beneficiaries according to the losses each one suffered. The estate’s survival action may recover medical bills, funeral expenses, and the deceased’s own pain and suffering before death. Maryland limits noneconomic damages in these cases. When there are two or more beneficiaries, the wrongful death cap is 150% of the standard limit set in Courts Article § 11-108. Deaths caused by medical malpractice are subject to a different limit.
What Is the Wrongful Death Case Timeline?
Maryland generally requires a wrongful death action to be filed within three years after the date of death. Deaths caused by occupational disease follow a different rule. When the death results from a medical error, the claim must also satisfy the procedural requirements that apply to medical malpractice cases, which can take months to complete before a lawsuit is filed. A wrongful death attorney in Hyattsville, MD should evaluate the timing as early as possible.
For our Hyattsville wrongful death lawyers, the process usually begins with an investigation into how the death occurred, followed by appointment of a personal representative if a survival action will be filed. We then present the claim to the responsible insurers. Many cases resolve through negotiation or mediation, while others proceed to trial in the Circuit Court for Prince George’s County. A case involving a fatal crash may take one to two years, and medical malpractice deaths often take longer.
What Should You Bring to Your Wrongful Death Consultation?
We understand that gathering records is difficult after a loss. The following documents help us evaluate the claim, and we can obtain anything you do not have:
- A certified death certificate, which can be requested to order death certificates through Maryland Vital Records
- The police or accident report, and any fatal crash reconstruction report
- Medical and hospital records from the final treatment
- Estate paperwork, including any estate administration documents, if the estate has been opened
At the consultation, a Hyattsville wrongful death attorney from our firm will listen to what happened, explain who is entitled to bring the claim, and describe how we would proceed. You are under no obligation to move forward.
Reach Out to Cohen & Cohen, P.C. to Schedule a Consultation
No legal claim can undo a family’s loss, but it can hold the responsible party accountable and provide financial stability for those left behind. Our Hyattsville wrongful death attorneys offer a free, confidential consultation and work on contingency, so you pay no attorney fees unless we recover compensation. You may reach us online whenever you are ready, and we will follow up at a time that suits your family. Contact us to speak with a Hyattsville wrongful death lawyer.
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