Bethesda, MD asked in Wrongful Death for Maryland

Q: Can you start the process of bringing a wrongful death lawsuit before the person has passed away?

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

A: You can’t file a wrongful death action, but you should retain counsel immediately to begin gathering and securing all the evidence and proof you will need. Claims like this need immediate attention to identify witnesses, lock in statements, preserve video evidence if any, etc.

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

A: If you are concerned about evidence, contact a member of the Maryland Association for Justice who handles the type of issue for which you may have a concern. They give free consults. Note--not just anyone in a family can bring the case.

In many cases starting hte case before someone has passed may be advisable.

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

A: Sorry for what you are going through right now.

Yes, you can start the process of bringing the lawsuit before the person passes away. Often it is advisable to do so as gathering evidence can take time and the person who is dying may be able to make a statement. You cannot file the actual lawsuit until the person passes away though.

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