Legal Question in Personal Injury in Maryland

I'm so sorry to hear about your loss.

It's not clear from your question what happened. If your father had already settled a personal injury case when he died but had yet to collect the money, then the money belongs to his estate. Whether you have any rights to it -- and, if so, how much is yours -- will depend upon his will or the laws of intestacy where he died.

If you are asking about filing a lawsuit over the accident which caused his death (in which case the claim would be for wrongful death rather than personal injury), then you probably can do so. Other immediate family members would also be able to do so, and you should probably coordinate with them rather than acting on your own.

The Statute of Limitations in Maryland is 3 years from the date of accident. Maryland law would control if the Defendant lives, works or if the accident occurred in Maryland. Surrounding jurisdictions with 2 year limitations include Va. Pa. and Del.

If your father passed before concluding the claim, the right to pursue the case belongs to his Estate. Obviously an Estate needs to be opened to bring this claim to a conclusion. You may Petition the Court to be named your father's Executor and we can assisst at no charge in the opening and closing of an Estate.

I am a Maryland attorney who has handled similar cases in the past. My toll free # is 1-866-398-6160. My local # is 301-220-2200. Email address is [email protected]. Web site is found at walterlaake.com. I look forward to hearing from you... Walter E Laake Jr.