Baltimore, MD asked in Wrongful Death for Maryland

Q: Can I open a wrongful death suit if family settled when I was a juvenile and had no concent I want to file a new one

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

A: It depends. If the parties who brought the wrongful death suit did not provide for your interest in the final recovery in proportion to your loss, then the judgment can be vacated and reopened. You would likely have to bring an action before you turn 21. If, however, your legal guardian at the time of the original suit did in fact represent your interest, or agreed or consented to a recovery in your favor, that will likely be binding upon you. You will need to review the court file of the previous judgment. You cannot start a new lawsuit and obtain a second judgment just for yourself. There can be only one judgment in a wrongful death claim and it must be apportioned among all statutory beneficiaries. Therefore, if your interest was not provided for at all, the remedy is to vacate the earlier judgment and add your claim to the original recovery or reopen the entire proceeding. The difficulty is that money has already been paid, distributed and spent. Here is a link to a case that discusses Maryland law on the subject, but you should have a lawyer review whether you have a viable claim. http://caselaw.findlaw.com/md-court-of-special-appeals/1525526.html

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

A: Unlikely, but if you are under 20, especially if the claim was brought by another parent or close family member, but why not contact a member of the Pa.Assn for Justice to discuss the specific facts.They give free consults.

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