Baltimore, MD asked in Wrongful Death for Maryland

Q: My father was recently killed in a car accident that wasn't his fault. I'm his estranged biological son. Can I still

file a wrongful death suit if I haven't had contact with him in a decade? He has no other living family members to my knowledge.

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3 Lawyer Answers
Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: Yes, and his estate has a claim it can pursue as well. Consult a lawyer in the state where your father lived at the time of his death, or alternatively, in the state where the accident happened, and proceed from there.

Thomas Neary
Thomas Neary
Answered
  • Catonsville, MD
  • Licensed in Maryland

A: First, I am sorry for the loss of your father! That is terrible.

Yes, the ability to bring an action is based on the family relationship. You should be able to bring such an action and may also be able to named personal representative of his Estate for that portion of the claim. It is a really good idea to speak with a lawyer to get advice on how to proceed as well as any other rights you may have upon your father's passing.

Peter N. Munsing
Peter N. Munsing
Answered
  • Wyomissing, PA
  • Licensed in Maryland

A: It makes sense to contact an attorney for the county where it happened as they'd have to try the case if it got to that. Understand your recovery may be limited as to some of the parts of what can be gained due to Feel free to call if you have questions or need the names of some attorneys.

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