In response to the METRO derailment here in MD, I wanted to do something to help my local community. I am not a first responder or a medical doctor, so other than taking my hat off to those heroes, there is little that I can do in the short term. What I can add here is some legal insight.
1
Who Can Bring a Wrongful Death Case In Maryland?
Wrongful death claims are often brought by spouses, children and parents, for their losses. In a wrongful death case, the person who has suffered the loss of a family member must prove: that METRO or another defendant negligently caused the death of decedent. Weimer v. Hetrick, 309 Md. 536, 547 (1987). In addition the plaintiff must meet the law's definition of a beneficiary and the case must be filed within what is known as the statute of limitations, 3 years in Maryland. Md. Cts & Jud. Proc. Art. § 3-904.
2
How is the Estate's Claim for Medical and Funeral Expenses Resolved?
A separate legal claim known to lawyers as a survival claim represents the loss suffered by the person who has died, and it is brought by the personal representative of the estate. Similar to the wrongful death case, the personal representative of the estate must prove that METRO or another defendant negligently caused the decedent’s injuries, and, to claim damages for pain and suffering, the estate must show that there was a degree of consciousness before death. Tri-state Poultry Coop. v. Carey, 190 Md. 116, 125 (1948).
3
How is the Case Against METRO & Others Prepared and Won.
This tragedy has received prompt investigation by several independent investigators to determine what precautions should have been in place to prevent the trains from colliding and what computer and human errors occurred.
In cases like this our investigators and engineers, and those of the NTSB are at the scene almost immediately, to preserve evidence and build the case from the ground up. Train crash cases can also be lost by a failure to quickly gather this evidence. Also, the claims team for METRO were likely on the scene as well. They may have collected photographic, video and witness information.
At trial there may well be a team of defense experts in addition to this initial investigative team. The result may well be a legal battle of experts, and a jury left to determine which group is most credible and objective.
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