Maryland Wrongful Death Lawyers

Losing a loved one due to someone else’s negligence can leave you with emotional and financial burdens that feel impossible to bear. A Maryland wrongful death lawyer with Schochor, Staton, Goldberg and Cardea, P.A. can help your family seek justice and financial relief after a tragic loss. With a personal injury attorney who has recovered over $1 billion in damages, you can take the first step toward holding the liable party responsible for their actions.

Maryland Wrongful Death Laws

A wrongful death occurs when someone’s life is taken due to another party’s negligent or intentional actions. Under Maryland Courts & Judicial Proceedings § 3-902, eligible family members may file a wrongful death claim to seek compensation for financial and emotional losses. These lawsuits allow surviving family members to hold the responsible party accountable while recovering damages for funeral expenses, lost income, and emotional suffering.

Several factors impact wrongful death claims, including who is eligible to file, how negligence is proven, and what damages may be recovered. If you are pursuing a claim, it is important to understand the legal process and the time limits that apply. Maryland also recognizes survival actions under § 3-901, which allow the deceased’s estate to recover damages the victim would have been entitled to had they survived.

Who Can File a Wrongful Death Claim in Maryland?

Maryland law determines who has the right to file a wrongful death lawsuit based on their relationship with the deceased. Under § 3-904, spouses, children, and parents of the deceased are considered primary beneficiaries and have the first right to file a claim. If none of these individuals are available, other relatives may be eligible under specific conditions.

Maryland law permits only one wrongful death lawsuit for all eligible beneficiaries. Families may also pursue a survival action, which compensates for damages the deceased suffered before death, including medical expenses and pain and suffering.

Common Causes of Wrongful Death Claims

Wrongful death claims arise in many situations where negligence leads to fatal injuries. Maryland law allows families to seek damages when a preventable death results from another party’s actions. These claims often involve motor vehicle accidents, medical malpractice, or hazardous conditions that could have been avoided. Some of the top causes of fatal injuries include:

Workplace and Construction Accidents – Fatal injuries in high-risk workplaces may involve third-party liability beyond workers’ compensation under Maryland Labor and Employment § 9-509. Falls, electrocutions, or heavy machinery accidents often result in wrongful death claims.
Nursing Home Neglect and Abuse – Elderly residents may suffer fatal harm due to neglect, abuse, or medical malpractice in nursing homes. Maryland law allows families to pursue claims against facilities that fail to meet care standards.
Motor Vehicle Accidents – Under Maryland Transportation Code § 21-901.1, reckless or negligent driving can lead to liability in fatal crashes. Common causes include speeding, distracted driving, impaired driving, and failure to obey traffic signals.
Medical Malpractice – Doctors, hospitals, and healthcare providers may be held accountable for fatal medical errors. Maryland Health Care Malpractice Claims Statute (§ 3-2A-01) governs claims involving misdiagnoses, surgical errors, medication overdoses, failure to diagnose, and failure to provide appropriate treatment.
Defective Products (Product Liability) – Manufacturers can be held responsible under Maryland Code, Commercial Law § 11-108 for defective products that cause fatal injuries. Claims may involve dangerous pharmaceuticals, faulty medical devices, and unsafe consumer products.

Proving Negligence in a Maryland Wrongful Death Case

A wrongful death claim must prove that someone else’s negligence caused the loss of life. Maryland law requires clear evidence that the responsible party failed in their duty of care and that this failure directly led to the fatal injury. Establishing negligence is critical in securing compensation for surviving family members.

Elements of Negligence

Duty of Care – The defendant must have had a legal obligation to act in a way that prevented harm. This applies to drivers, property owners, medical professionals, and others responsible for maintaining safety.
Breach of Duty – The responsible party failed to uphold their obligation, whether by reckless driving, medical errors, or workplace negligence. A breach of duty means they acted in a way that put others at risk, or through inaction that created a dangerous situation.
Causation – The breach must have directly caused the wrongful death. This requires showing that, without the defendant’s actions or failure to act, the fatal injury would not have occurred.
Damages – The surviving family must demonstrate financial and emotional losses due to the wrongful death. These damages may include loss of income, funeral expenses, and emotional suffering.

Challenges in Proving Negligence

Maryland follows a strict contributory negligence rule, meaning that if the deceased was slightly at fault, the claim may be barred. Insurance companies and defense attorneys often attempt to shift blame onto the deceased to avoid liability. This makes gathering strong evidence vital to a successful claim.

Expert testimony is often needed to establish negligence. Medical professionals, accident reconstructionists, and financial experts may provide insight into how the death occurred and the long-term impact on surviving family members. Their analysis can clarify complex factors that might not be immediately evident.

Types of Damages Available in Maryland Wrongful Death Claims

A wrongful death lawsuit allows surviving family members to recover financial and emotional damages caused by their loved one’s passing. Compensation is divided into economic and non-economic damages, with specific legal limits applying in some cases.

Economic Damages

Medical expenses incurred before death – Any medical treatment the decedent received before the fatal injury, including hospital stays, surgeries, and emergency care. These costs can be recovered through a wrongful death claim.
Funeral and burial costs – Surviving family members may seek compensation for funeral arrangements, burial services, and memorial expenses. These costs can be substantial, adding financial stress to an already difficult situation.
Lost income and benefits – Families may recover the wages the deceased would have earned had they survived their injuries. This includes retirement benefits, bonuses, and other financial contributions the deceased provided.
Loss of financial support – If the deceased was the primary provider, surviving dependents may recover damages for the financial stability they have lost. This can include support for spouses, children, or elderly parents.

Non-Economic Damages

Emotional distress, mental anguish, and grief – The psychological toll of losing a loved one can be immense, and compensation may be available for the pain and suffering experienced by family members.
Loss of companionship, guidance, and parental care – Surviving children may seek damages for the loss of parental support, and spouses can claim compensation for the loss of emotional and marital companionship.
Maryland’s cap on non-economic damages – The state limits non-economic damages in wrongful death claims, with amounts adjusting annually. While financial compensation cannot replace a loved one, it can ease the burden of an unexpected loss.

How a Maryland Wrongful Death Lawyer Can Help

Filing a wrongful death claim involves multiple steps, from gathering evidence to negotiating with insurance companies. A wrongful death attorney ensures the case is handled correctly and maximizes the compensation available to the family.

Case Investigation

Gathering evidence – Strong claims require accident reports, medical records, expert opinions, and witness statements. Attorneys collect and organize this evidence to build a compelling case.
Consulting with expert witnesses – Medical specialists, accident reconstructionists, and forensic accountants provide testimony to clarify how the wrongful death occurred and the financial losses suffered by the family.

Determining Liability

Identifying responsible parties – Depending on the case, the liable party may be an individual, corporation, or government entity. Determining liability is key to seeking full compensation.
Pursuing claims against multiple liable parties – In cases involving defective products, medical malpractice, or workplace accidents, more than one party may share responsibility. Holding all negligent parties accountable increases the chances of recovering fair damages.

Negotiating with Insurance Companies

Handling disputes with insurers – Insurance companies often attempt to deny or undervalue claims. Attorneys negotiate aggressively to prevent unfair settlement offers.
Securing a fair settlement – Strong legal representation ensures that families receive the full compensation they are entitled to, rather than being pressured into accepting an inadequate offer.

Litigation and Trial Representation

Filing a lawsuit if negotiations fail – If an insurance company refuses to offer a fair settlement, taking the case to court may be necessary. Attorneys file the necessary legal documents and represent the family in litigation.
Presenting a strong case in court – A well-prepared case includes witness testimony, expert opinions, and comprehensive evidence that demonstrates the full impact of the wrongful death.

Providing Legal Support and Guidance

Helping families navigate the legal process – Losing a loved one is difficult enough without the added stress of a lawsuit. Attorneys guide families through each step, making the process as manageable as possible.
Offering contingency fee arrangements – Many wrongful death attorneys work on a contingency basis, meaning families pay no fees unless the case is won. This allows families to seek justice without financial barriers.

Statute of Limitations: How Long Do You Have to File?

Maryland law imposes strict deadlines on wrongful death claims. If a lawsuit is not filed within the required timeframe, surviving family members may lose their right to compensation.

Standard Time Limit

Three years from the date of death – Maryland law generally requires wrongful death lawsuits to be filed within three years. Missing this deadline can result in the case being dismissed.

Exceptions to the Rule

Occupational disease cases – If a wrongful death resulted from an occupational illness, Maryland law allows up to 10 years from the date of death or three years from the discovery of the cause to file a claim.
Homicide cases – If the at-fault party concealed their identity or evaded authorities, the statute of limitations may be extended. Courts may allow additional time for investigation and prosecution.

Why Filing Early is Important

Avoid losing the right to compensation – If the statute of limitations expires, families may have no legal recourse to recover damages. Acting quickly ensures the case is filed within the required timeframe.
Preserving evidence and securing witness testimony – Evidence can become harder to obtain as time passes. Witnesses may move away, documents may be lost, and crucial details may fade from memory. Filing early ensures that all necessary evidence is preserved and used effectively in the case.

Contact a Maryland Wrongful Death Lawyer Now for a Free Consultation

When someone else’s negligent behavior results in the death of a beloved family member, it can feel like the weight of the world is on your shoulders, but you do not have to face the legal process on your own. With a wrongful death attorney in Maryland from Schochor, Staton, Goldberg and Cardea, P.A. by your side, you can focus on remembering your loved one and working through the healing process while we handle the legalities of your case. Contact us now to schedule your 100% free consultation today.