Wrongful Death Attorneys in Waldorf and Lexington Park
If you have lost a loved one due to someone else’s negligence, our Maryland wrongful death attorneys can help your family recover. Schedule a consultation today.
At Andrews, Bongar, Gormley & Clagett, we understand the devastation that comes with losing a loved one unexpectedly. We have been helping grieving families in Southern Maryland for more than 40 years. In fact, we have recovered millions of dollars for our clients in wrongful death cases.
Tucker Clagett, our primary injury legal practitioner has personally been handling & litigating personal injury cases for over 25 years. Watch the video to meet your lawyer and find out what will happen when you contact us for a consultation.
Losing a loved one is one of the hardest experiences anyone can face, and it’s even more difficult when it’s due to someone else’s negligence. You deserve compassion and support during this painful time. We’re here to help you seek justice and find a path toward healing and closure.
If you have lost a loved one due to someone else’s negligence, our proven Waldorf wrongful death lawyers can help you. We invite you to schedule a no-obligation consultation at a time and location that are convenient for you.
As a Waldorf wrongful death law firm, we have represented many local families in their times of need. Our Waldorf wrongful death attorneys handle cases involving all causes of death, from car and truck accidents to medical malpractice. No matter what happened, if you have lost a family member too soon, you deserve to have a clear understanding of your family’s legal rights. We are more than happy to take the time to explain everything you need to know.
How Wrongful Death Lawyers Can Help
We Provide Free Legal Advice to Southern Maryland Families
At Southern Maryland Law, we provide free legal advice to families that need help understanding their legal rights. We will arrange for you to speak with one of our trusted Waldorf wrongful death attorneys free of charge as soon as possible.
We Do Not Charge Anything Out of Pocket for Our Representation
Our legal advice is free of charge, and our Waldorf wrongful death lawyers do not charge anything at all unless we win. No matter what, you can rest assured that you will never pay anything out of pocket for our services. Any fee or reimbursement for costs we expend will come out of your recovery from the case.
We Are a Local Law Firm That Cares About Our Community
We have been serving families in Waldorf, Lexington Park, and other areas of Southern Maryland for decades. We are committed to helping the members of our local community in their times of need.
Unlike other law firms, our legal team doesn’t travel to Southern Maryland to meet with grieving families. This is our home, and we take immense pride in serving our local community.
We Will Explain Everything You Need to Know
From your first phone call to the final outcome of your case, we will explain everything you need to know every step of the way. We encourage our clients to contact us whenever they have questions. Our wrongful death attorneys in Waldorf will take the time to make sure you feel confident in your decisions.
Testimonials
Clients Trust Southern Maryland Law
Over 2000+ Satisfied Clients
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★ ★ ★ ★ ★
Anna C, Google
We used this firm for our Chapter 13. Mr. Gormley was very knowledgeable and compassionate throughout the whole process. He definitely went above and beyond to take care of us. After the bankruptcy was complete we were invited to a seminar about bouncing back. That invitation and…Read MoreACAnna C.
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★ ★ ★ ★ ★
Anna J, Google
I can not say enough about working with this team. Dave Gormley is one of the nicest most knowledgeable, but still down to earth lawyers that I have ever had the privilege of doing business with. He goes above and beyond to help anyone that I have referred to him. Not only is thi…Read MoreAJAnna J.
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★ ★ ★ ★ ★
Judith K, Google
I want to thank Tucker Clagett of Andrews Bongar Gormley & Clagett for taking my case when other law firms told me I “didn’t have a chance of winning”; well, we did win because Mr. Clagett displays something more than having a JD and experience. He also has a determined…Read MoreJKJudith K.
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★ ★ ★ ★ ★
Kenya H, Google
I used the firm for filing my Chapter 7. Mr. Gormely was courteous, professional, knowledgeable and responsive to my inquiries. He took time to explain the process to me and answer all of my questions during the first consultation which was free. The entire staff at Gormley &…Read MoreKHKenya H.
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★ ★ ★ ★ ★
Janery R, Google
Very professional and helpful. Atty. Clagett is very nice person and willingly to help you as much as he can. I love his staff especially Ms. Amanda. She is always there when I have questiones to ask. My case was new for me and I have no clue or idea how to deal with it but she i…Read MoreJRJanery R.
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★ ★ ★ ★ ★
Michael G, Google
I was involved in a motorcycle collision in 2013, it required a year of physical therapy, and 38 days in the hospital. Tucker Clagett worked with my wife and I while managing all legal affairs for us. I had to only focus on my recover while he and his staff handled all other aspe…Read MoreMGMichael G.
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★ ★ ★ ★ ★
Shelah P, Google
My husband and I are extremely satisfied with the legal assistance we have received from Dave Gormley. He has been helpful and always answered our questions throughout the process. A long time ago I worked for a law firm in Dallas and the hardest thing would be attorney availabil…Read MoreSPShelah P.
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★ ★ ★ ★ ★
Wanda B, Google
While caring for our increasing sick Mother, one of the most difficult experiences my sister and I struggle to manage, Dave Gormley and his staff continued to go over and above what was expected. Our Mom was very ill and had not formalized her final wishes. She was too weak to go…Read MoreWBWanda B.
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★ ★ ★ ★ ★
Delphine B, Google
From the first time that when I met with Attorney Gormley he was attentive and showed concerned about my situation. He was very strategic about his approach to my situation. The staff is very professional and proficient. He is an expert in what he do, and I very grateful and appr…Read MoreDBDelphine B.
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★ ★ ★ ★ ★
Heather B, Google
Mr. Gormley has been my attorney for years due to an extremely turbulent divorce, which lead to a financial breaking point a few years ago. He’s been nothing short of stellar during the entire debacle, consistently providing courses of action when the situation seemed hopeless….Read MoreHBHeather B.
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Contact Us
Thank you for contacting Southern Maryland Law. You can fill out the form, and we will be happy to contact you directly, or just call us to schedule a consultation. We look forward to discussing your case with you.
Maryland Car Accident Guide
Maryland Car Accident Guide
A car accident is a stressful interruption at best. At worst it can turn your whole life upside down. You have questions and need answers now – in plain English – not legalese or insurance jargon. When you have answers you can make informed, intelligent decisions.
We are your Maryland injury legal team. We wrote this guide so you can quickly & easily discover the answers to your legal questions. Know your options and be informed before you make big decisions about your car accident case – like hiring a personal injury legal team.
You can learn a lot in just 15 minutes by reading this guide now.
Who Will Handle My Case?
When you hire our law firm for your legal case, you don’t just hire a single Waldorf wrongful death lawyer. You hire a team. Each practice area has at least two attorneys who handle that area of law, so you have backup when you need it. Our legal team is highly trained and has lots of experience. Plus they are unfailingly nice & pleasant to work with. You will love working with them!
Tucker Clagett, Partner
Personal Injury Legal Practitioner
Tucker Clagett is a Partner at Andrews, Bongar, Gormley & Clagett. He has one of the largest Personal Injury and Workers’ Compensation practices in Southern Maryland. He is an experienced litigator, winning jury trials in courts around the state, and successfully litigating appeals in Maryland’s Appellate Courts.
Tucker is very active in the community and loves to serve through various community groups and non-profit agencies, some of which he created. Tucker has served on the Board of Directors of multiple agencies trying to improve conditions for those living without running water in Nanjemoy. He is also a member of the Mason Springs Conservancy, which purchased an environmentally sensitive piece of land along the Mattawoman Creek to protect it from pollution while leaving it open to a local fisherman who has been fishing there for decades.
Tucker was born & raised in Upper Marlboro. He lives with his family in La Plata.
What Is a Wrongful Death Case?
A wrongful death case arises when a person dies due to the wrongful act of another. Maryland law defines “wrongful act” as “an act, neglect or default” which would have entitled the injured party to recover damages if they had not been killed. Wrongful death claims are civil actions made by the survivors of the deceased. Unlike criminal cases, civil actions don’t involve the threat of prison. Instead, they focus on seeking compensation for the survivors’ losses.
A wide range of situations can lead to a wrongful death claim, including but not limited to:
- Car Accidents – A loved one dying due to another driver’s negligence or recklessness can lead to a wrongful death claim. The responsible party is often another driver, parts manufacturer, or a government agency that failed to maintain safe road conditions.
- Medical Malpractice – Medical professionals have a duty of care to their patients, but they sometimes fail to meet this duty and cause someone’s death. Medical malpractice cases often involve surgical errors, misdiagnoses, or improper treatment.
- Workplace Accidents – Employers have a responsibility to ensure a safe working environment for their employees. If they fail to maintain safe working conditions or inadvertently create fatal accidents at the workplace, then they may be liable in a wrongful death claim.
- Product Liability – Virtually every manufacturer, distributor, and seller has a duty to ensure their products are safe. If your loved one died because of a defective product, then your wrongful death claim will likely target one of these groups.
There are many other kinds of wrongful death cases besides these common situations. A qualified wrongful death attorney can guide you through virtually every type of situation.
Who Can File a Wrongful Death Claim in Maryland?
Under Maryland’s wrongful death statute, the victim’s “primary beneficiaries” are eligible to seek financial compensation. This includes the victim’s parents, children, and spouse. If no primary beneficiaries are alive (or if the victim’s parents are disqualified from filing a claim—which is possible under certain limited circumstances), then “any person related to the deceased person by blood or marriage who was substantially dependent upon the deceased” can file a claim.
Importantly, Maryland’s wrongful death statute allows only a single lawsuit to be filed in relation to an individual’s death. As a result, it is important for all family members who are eligible to seek compensation to file their claims together. At Southern Maryland Law, we have extensive experience helping families meet the state’s statutory requirements, and our lawyers will ensure that your family’s claim is handled appropriately.
What Do I Have to Prove in a Wrongful Death Lawsuit?
It’s vital to remember that each wrongful death case is unique. Even simple cases require the touch of an experienced Waldorf wrongful death attorney who understands Maryland law. In addition, wrongful death lawyers in Waldorf, MD, can help you collect evidence, secure expert testimony, and calculate just compensation for your case. If you want to succeed in a Maryland wrongful death lawsuit, you need to prove several elements:
- Duty – The first element to prove in a wrongful death case is that the defendant had a duty of care or some kind of legal obligation towards the deceased. For example, a driver has a duty of care to drive safely and follow traffic rules to avoid causing harm to others.
- Breach – Next, you must prove that the defendant breached this duty of care. You can prove this element by showing the defendant did not act in a way that a reasonable person would have if they were in the same situation.
- Causation – The third element involves demonstrating that the defendant’s breach of duty directly caused the death of your loved one. Proving this element generally requires expert testimony indicating there was a connection between the defendant’s actions (or inaction) and your loved one’s death.
- Damages – To prove damages, you need to demonstrate that the death led to monetary losses that can be reimbursed. Some specific examples include medical expenses, funeral and burial costs, lost wages, loss of companionship, and emotional distress.
What Kinds of Compensation Can I Recover in a Wrongful Death Case?
Under Maryland law, there are several categories of damages available in a wrongful death. Each type is intended to compensate the surviving family members for their losses because of the death of their loved ones. Naturally, the types and amounts of damages can vary significantly depending on the circumstances of the case. However, there are three possible following types of compensation.
Economic Damages
Economic damages cover the financial losses that result directly from the death. These damages are intended to replace the economic contributions the deceased would have provided to their family and cover any costs associated with the death itself. Common examples of economic damages include:
- Medical expenses related to the deceased’s final illness or injury;
- Funeral and burial costs, which can be significant;
- Loss of the deceased’s expected future income, particularly if the individual was the primary breadwinner; and
- Loss of future benefits, such as retirement benefits, health insurance, or other financial support.
These types of damages are quantifiable, making it easier to present them in court with the help of financial experts.
Noneconomic Damages
Noneconomic damages aim to compensate for the intangible losses suffered by the surviving family members. These losses are harder to calculate but are no less significant. Examples of noneconomic damages include:
- Pain and suffering endured by the deceased before their passing;
- Loss of companionship, care, or guidance that the deceased provided to family members; and
- Mental anguish and emotional pain experienced by the surviving family.
These losses reflect the emotional and relational void left by the death of a loved one, which can have long-lasting effects on a family.
Punitive Damages
Punitive damages are not designed to compensate for specific losses but rather to punish the defendant for egregious behavior. In Maryland, punitive damages may be awarded if the defendant acted with actual malice—meaning they intentionally caused harm or showed a reckless disregard for the safety of others. However, punitive damages are rarely awarded in wrongful death cases because proving the defendant’s intent or malice is challenging under Maryland law.
Statutory Caps on Damages
It’s important to note that Maryland has statutory caps on noneconomic damages in wrongful death cases. These caps are adjusted annually, so the maximum amount that can be recovered changes over time.
Given the complexities surrounding damages in wrongful death cases, it’s essential to consult with a knowledgeable Waldorf wrongful death attorney. An experienced lawyer can help you understand what types of compensation may be available in your case, assess the full extent of your losses, and work to secure the maximum compensation allowed under Maryland law.
Understanding the Statute of Limitations for Wrongful Death Claims in Maryland
In Maryland, the statute of limitations for filing a wrongful death claim is a crucial factor that can affect your ability to seek justice and compensation for your loss. The statute of limitations refers to the time limit within which a lawsuit must be filed, and if this deadline is missed, the court may dismiss the case, leaving you and your family without legal recourse.
Applying the Wrongful Death Statute of Limitations
Under Maryland law, a wrongful death lawsuit must generally be filed within three years of the date of death. This time frame applies to most wrongful death claims, regardless of whether the death was caused by medical malpractice, car accident, or other negligent action.
Exceptions to the Statute
However, there are certain exceptions to this rule. For instance, if the wrongful death is caused by an occupational disease, such as mesothelioma due to asbestos exposure, Maryland law allows families to file a wrongful death lawsuit within ten years of the death or within three years of the date the cause of death was discovered, whichever comes first. This exception ensures that families dealing with long-latency diseases have an opportunity to pursue justice.
Understanding the Time Limits
Understanding these time limits is essential to protecting your right to compensation. If you’re unsure about whether your case falls within the statute of limitations, it’s important to consult with an experienced wrongful death attorney as soon as possible. They can help you navigate the legal process and ensure your claim is filed on time.
Working with a knowledgeable Waldorf wrongful death attorney ensures that your family’s rights are preserved and that you have the best chance of holding the responsible party accountable for their actions.
What Are the Grounds for Filing a Claim for Wrongful Death?
There are numerous potential grounds for pursuing a wrongful death claim in Waldorf. When we investigate your family’s claim, we will be looking for any and all evidence to suggest that someone else may be legally responsible for your loved one’s death. No matter what happened, and even if you are not completely sure what happened, we strongly encourage you to contact us so that we can help you make an informed decision about whether to pursue a claim for wrongful death.
Some examples of common grounds for pursuing wrongful death claims include:
- Car, truck, SUV, and motorcycle accidents;
- Commercial truck (i.e. 18-wheeler and tractor-trailer) accidents;
- Slip-and-fall accidents, trip-and-fall accidents, and falls from heights;
- Workplace accidents and illnesses;
- Medical malpractice;
- Nursing home abuse and neglect; and
- Criminal homicide.
In terms of who is liable for your loved one’s death, the answer will depend on the specific circumstances involved. For example, many fatal auto accident cases involve claims under the at-fault driver’s insurance policy. If the other driver was on the clock at the time of the accident, then his or her employer could be liable as well.
Likewise, in cases involving premises-related accidents, the owner of the premises, the tenant, and the construction company are just a few examples of several potential defendants. As your Waldorf wrongful death lawyers, we will use our experience to hold all liable parties accountable.
What Is Contributory Negligence in Maryland, and How Does It Affect Wrongful Death Claims?
In Maryland, contributory negligence is a legal doctrine that can significantly impact wrongful death claims. Under this rule, if the deceased person is found to have contributed to their death in any way—no matter how small—their family may be barred from recovering any damages.
This principle is outlined in the Maryland Code and remains one of the strictest contributory negligence laws in the country. Maryland is one of only a few states that still follow pure contributory negligence, meaning that if the decedent was even 1% at fault for the incident leading to their death, their family cannot recover compensation from the at-fault party.
Contributory Negligence Example
For example, if a pedestrian is killed in a traffic accident and the court finds that they were jaywalking or otherwise not exercising reasonable caution, the contributory negligence defense could be used by the defendant to avoid liability. Even if the driver was overwhelmingly at fault, the family’s claim could be denied if the deceased’s actions played a role in the accident.
How a Waldorf Wrongful Death Attorney Can Help
This doctrine presents a unique challenge in wrongful death cases, making working with an experienced attorney especially important. They can thoroughly investigate the circumstances surrounding the death, gather evidence, and build a case that minimizes the risk of contributory negligence being used to defeat the claim.
Given Maryland’s strict contributory negligence law, having skilled legal representation can make all the difference in achieving a fair outcome for the surviving family members. A qualified attorney will work diligently to ensure the victim’s family can secure compensation and hold the responsible party accountable.
What Do I Do Next?
After losing a loved one unexpectedly, it can be difficult to know where you can turn for help. We want you to know that we are here to help you in any way we can.
You should contact us for a consultation to find out the answers to your legal questions. We will discuss your case, explain the law as it applies to you, and answer all of your questions.
Too often, family members wait to seek help because they are confused or uncertain. They don’t know if they have a claim, and they don’t want to contact a law firm without knowing if they need legal representation. When you contact us, we do not expect you to have a clear understanding of your family’s legal rights. In fact, we don’t expect you to know whether you have a claim at all.
It is our job to tell you if you have a claim. Our Maryland wrongful death attorneys will work with you one-on-one to help you decide whether to move forward. If it appears that you may be able to secure a financial recovery (and you choose our firm to represent you), we will then shift our focus to doing everything we can to recover the financial compensation you deserve.
In addition to representing families in wrongful death cases, we also provide representation for estate and probate matters. As a result, we are the only law firm you need in Waldorf after a wrongful death.
Our experienced legal team also handles clients with other types of cases, such as:
- Personal Injury Claims,
- Auto Vehicle Accidents,
- Trucking Accidents,
- Medical Negligence and Malpractice, and
- Work-Related Injuries.
If you would like more information about filing a wrongful death claim in Southern Maryland, we invite you to get in touch. Contact us to schedule a no-obligation consultation with one of our experienced wrongful death lawyers in Waldorf today.
Why Choose Southern Maryland Law?
We are your community law firm
We have been a vibrant part of Waldorf for over 60 years. Waldorf has been very good to us, and we try to repay that kindness with community service. We believe giving back to our Waldorf community is part of our job.
Large enough, yet small enough
We are large enough to provide full service, but small enough to focus on you. The large firms that have satellite offices in Waldorf have dozens of attorneys who don’t live here. They use case managers to handle their clients. At Southern Maryland Law, you will be a name – not a number.
The senior law firm in Waldorf
We are the oldest law firm in Waldorf, and the 2nd oldest in all of Southern Maryland! We have stayed busy because we get results and treat our clients right. We would never have lasted this long if we did not.
Not your grandfather’s law firm
While our firm has been around a long time, we are not what you think lawyers are like. We pride ourselves on being a little more approachable, a little more casual, and a little more likeable than the average lawyer. We are real people with real solutions to your real problems.
