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How Long Can I Wait to Sue a Pharmacy for Wrongful Death in Maryland?

For those individuals who have lost a loved one as a result of the negligent actions of a pharmacist or pharmacy, you have the right to file a wrongful death claim. The time limit for filing such a claim in Maryland is three years from the date of the victim’s death; however, any potential plaintiff should be made aware that the bringing of a wrongful death lawsuit requires time and careful planning. This is why we recommend that anyone contemplating such a claim do so in a timely fashion.

Per Maryland’s Wrongful Death Act, parents, spouses and children of deceased victims who died as a direct result of pharmacy error can bring an action against a pharmacy for damages. Plaintiffs can sue for economic loss, such as the cost of medical treatment while the victim was still alive, as well as funeral expenses, among others. They may also sue for mental anguish as well as emotional pain and suffering resulting from the death of their loved one.

For families of victims who have suffered fatal injury following a pharmacy error, it is best to seek advice from legal counsel as soon as possible once they suspect that a pharmacist’s error was the likely cause of their family member’s death. The reason for acting sooner rather than later is because even a seasoned legal team will need time to prepare this type of case. If the survivors wait too long, they may find it difficult to find an attorney willing to work on a case with an impending deadline.

At Lebowitz & Mzhen, LLC, our attorneys are well versed in personal injury law, which includes wrongful death claims. Without question, potential plaintiffs must keep the three-year timeframe in mind as they consider legal action against the responsible party(s). It is so very important, as a plaintiff in a Maryland wrongful death lawsuit, that you and your legal team adhere to this statutory deadline.

Any experienced personal injury attorney should be aware of the cutoff for filing a wrongful death claim. Keep in mind that if you do not file your lawsuit within the three-year window, you will forfeit your right to have a court consider your case and, with that, lose any chance for a possible monetary award that may have precipitated from a favorable judgment.

The legal staff at Lebowitz & Mzhen, LLC, is ready and willing to assist you with your personal injury or wrongful death claim. Even if you aren’t sure that legal action is the your best option, we will be happy to provide you with a free, no-obligation initial consultation so that you and your family may better understand the legal options available to you under Maryland law.


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