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.

Related Topics:
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
PREMIUM
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.