Legal Question in Personal Injury in Maryland

I am from South Carolina. I lost my husband last April 12,2010 in Hanover,Md. He was a long haul truck driver. He was preparing to have his load removed from his trailer. When he released the last strap the A frame broke and the load of granite felled on top of him killing him instantly. What kind of case do I have?


Asked on 7/30/11, 6:54 am

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

I'm sorry for your loss. It is inappropriate for anyone on this site to answer your question without having a lot more detail about the incident and reviewing the related documentation (police report, coroner's report, etc.). My suggestion would be to consult a local attorney in your community in South Carolina and bring all the documentation you have regarding your case. That attorney may suggest that you consult an attorney in Maryland, but not necessarily. Most attorneys will give you a free first consultation (just ask first!) and tell you what type of case you have (likely a personal injury case/wrongful death), your chances of success, and how much it will cost you out-of-pocket in legal expenses to pursue the matter. Some lawyers are willing to work on a contingency fee basis (not charging you up front and taking a % of any judgment or settlement in your favor) and others charge by the hour. Feel free to shop around.

MOST IMPORTANTLY -- PLEASE SEEK LEGAL COUNSEL IMMEDIATELY. THERE ARE LAWS THAT REQUIRE YOU TO FILE A LAWSUIT WITHIN A CERTAIN PERIOD OF TIME, CALLED "STATUTES OF LIMITATION." IF YOU FAIL TO DO SO WITHIN THAT PERIOD OF TIME, YOU WILL LOSE YOUR RIGHT TO SEEK JUSTICE AND MONETARY COMPENSATION FOR THE LOSS OF YOUR HUSBAND. DON'T SIT ON YOUR RIGHTS.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 7/30/11, 7:03 am
Walter E. Laake, Jr. Joseph Greenwald & Laake Pa

From your description of events it is difficult to determine if you may have a claim for the loss of your husband. Although it is likely that you husband was operating under an "independent contractor" agreement with the trucking company he was hauling for, under some circumstances he could be deemed an employee in Maryland entitling you to worker's compensation benefits. You (and other dependent family members) have 2 years in Maryland to file a dependent's claim for compendsation benefits.

Whether the family has a claim for the death of your husband is not obvious from the facts. An investgation would need to be instituted and 15 months after the accident, it is going to be very difficult to locate and determine why the product failed and whether there was a defect in its manufacture that precipated the failure.

If you check my web site you will see that there is no cost to you to speak with me and for me to do a preliminary analysis of the situation. Feel free to call me this afternoon or tomorrow and let my secretary know that I am expecting your call.

Walter Laake

301-220-2200

www.walterlaake.com

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Answered on 8/01/11, 5:32 am


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