A wrongful death lawsuit provides a path for families to seek justice and financial security after losing a loved one. Your Annapolis wrongful death lawyer from Schochor, Staton, Goldberg and Cardea, P.A., selected among the Top 1% of Litigators, is ready to fight for your family’s rights. Speak with us today to discuss your case and legal options.
Understanding Wrongful Death Under Maryland Law
Maryland law defines wrongful death as a fatality caused by another party’s negligence, recklessness, or intentional misconduct. If the deceased could have filed a personal injury lawsuit had they survived, their surviving family members may have a valid wrongful death claim under Md. Code, Cts. & Jud. Proc. § 3-904.
Wrongful death lawsuits focus on holding the responsible party accountable and securing financial compensation for surviving family members. These claims may arise from car accidents, medical malpractice, workplace incidents, defective products, or criminal acts. Establishing liability requires proving that the at-fault party’s actions or failure to act directly caused the victim’s death.
Who Can File a Wrongful Death Lawsuit in Maryland?
Maryland law limits who is eligible to file a wrongful death claim, ensuring that only those with a direct relationship to the deceased can seek compensation. The law categorizes beneficiaries into two groups based on their legal and financial connection to the victim.
Primary beneficiaries have the first right to file a wrongful death claim. These include:
- A spouse who relied on the deceased for emotional and financial support.
- Children, including minor and adult children, who lost a parent’s care and financial contributions.
- Parents, if the deceased had no spouse or children, may seek damages for the loss of their child’s presence and support.
If no primary beneficiaries exist or if they choose not to file a claim, secondary beneficiaries may pursue legal action. These individuals must prove that they were financially dependent on the deceased at the time of death. Examples of secondary beneficiaries may include:
- Siblings who relied on the deceased for financial assistance
- Extended family members who shared living expenses with the deceased
- Other relatives who can demonstrate economic dependence
Because Maryland law requires all eligible beneficiaries to be included in a single wrongful death lawsuit, failing to properly identify all claimants can lead to legal disputes. Before filing, families should consult with an attorney to determine who qualifies and how compensation should be distributed.
Damages Recoverable in a Wrongful Death Case
Funeral and Burial Expenses
Losing a loved one is emotionally and financially devastating, and the cost of funeral services can be overwhelming. Maryland law allows families to recover expenses related to burial, cremation, memorial services, and transportation. These damages ensure that families are not left covering costs caused by someone else’s negligence.
The average funeral can cost thousands of dollars, and expenses often include headstone placement, casket or urn costs, funeral home fees, and cemetery arrangements. A wrongful death claim can help recover these costs, ensuring that families can honor their loved one’s memory without additional financial strain.
Loss of Income and Financial Support
When a family loses its primary provider, the financial consequences can be devastating. Surviving spouses and children may face long-term economic hardship due to the loss of wages, benefits, and household contributions.
Compensation for lost income accounts for the deceased’s current earnings, expected career advancements, and benefits such as health insurance, retirement contributions, and pension plans. Courts consider factors like age, education, and work history when determining the financial impact on the family. A wrongful death claim ensures that dependents receive the financial security they would have had if their loved one were still alive.
Medical Expenses Prior to Death
Fatal accidents often result in emergency medical treatment, surgeries, or prolonged hospital stays before the victim passes away. Families may be left with overwhelming medical bills, including:
- Ambulance transportation
- Emergency room care
- Surgical procedures
- Intensive care unit stays
- Life-support treatments
- Hospitalization costs
- Medications and pain management
- Specialist consultations
- End-of-life care expenses
These costs can place a significant financial burden on grieving families. Recovering compensation for medical bills ensures that families are not left paying for care that was required due to someone else’s negligence.
Loss of Companionship and Emotional Support
The emotional toll of losing a loved one can never be fully measured, but Maryland law allows families to recover damages for the loss of companionship, guidance, and emotional support. Surviving spouses may seek compensation for the absence of their life partner, while children can recover for the loss of parental care, advice, and nurturing.
Household Contributions and Services
Beyond financial earnings, many individuals provide essential household services that have significant economic value. When a loved one is lost, surviving family members may struggle to replace the unpaid work they performed. Recoverable damages for household contributions may include:
- Childcare and supervision
- Meal preparation and cooking
- Home maintenance and repairs
- Yard work and property upkeep
- Transportation for children or elderly parents
- Managing household finances
- Cleaning and laundry services
- Assistance with medical care for elderly family members
- Educational support and tutoring for children
Replacing these services often requires hiring outside help, which can be costly. A wrongful death claim accounts for these losses, ensuring that families receive the financial support necessary to maintain their quality of life.
Statute of Limitations
Maryland law sets a three-year deadline for filing a wrongful death lawsuit under § 3-904(g) of the Courts & Judicial Proceedings Article. This means that surviving family members must take legal action within three years from the date of death, or they may lose the right to seek compensation.
Only in rare circumstances is this deadline extended. Certain occupational disease cases, such as asbestos exposure, may allow for a later discovery rule exception, but most claims must be filed within the standard timeframe. Acting promptly is essential to preserving evidence, securing witness statements, and protecting the family’s legal rights.
Proving Negligence and Liability
To succeed in a wrongful death claim, families must prove that another party’s negligence directly caused the death. Establishing liability requires demonstrating:
- The defendant had a duty of care to act responsibly.
- The defendant breached that duty through negligence or misconduct.
- The breach directly caused the fatal incident.
- The family suffered measurable damages due to the loss.
Common Causes of Wrongful Death in Annapolis
Fatal accidents occur in many different scenarios, often due to reckless or negligent behavior. Some of the most common wrongful death cases involve:
- Motor vehicle accidents – Distracted driving, speeding, and impaired driving.
- Medical malpractice – Surgical mistakes, misdiagnoses, and medication errors.
- Workplace accidents – Construction falls, equipment malfunctions, and toxic exposure.
- Nursing home neglect – Malnutrition, bedsores, and medical mismanagement.
- Pedestrian and bicycle collisions – Failure to yield, reckless driving, and unsafe intersections.
- Defective products – Dangerous pharmaceuticals, faulty medical devices, and hazardous machinery.
- Premises liability cases – Slip and falls, unsafe swimming pools, and inadequate security.
- Boating and recreational accidents – Operator negligence, intoxicated boating, and equipment failures.
- Criminal acts – Assault, homicide, and reckless endangerment.
Notable Maryland Wrongful Death Laws and Cases
Maryland does not have a dram shop law, meaning that bars and restaurants are generally not liable for overserving alcohol to patrons who later cause fatal accidents. Unlike in other states, wrongful death claims against establishments serving alcohol are limited unless there is clear evidence of negligence beyond overservice. This legal gap often places the burden of liability solely on the intoxicated driver.
An example of a high-profile Annapolis wrongful death case involved allegations of negligent emergency response following a serious accident. The lawsuit claimed that delayed medical treatment contributed to the victim’s death, raising legal questions about governmental liability and the duty of first responders. Prior wrongful death cases help shape legal strategies by clarifying how liability is assigned in complex claims and how courts interpret duty of care and causation.
Why You Should Hire an Annapolis Wrongful Death Attorney
Wrongful death cases require knowledge of Maryland courts, local legal rules, and procedural requirements. An attorney with experience in Annapolis and Anne Arundel County courts understands how local judges handle wrongful death claims, how juries respond to specific types of evidence, and how to navigate case-specific challenges that arise under Maryland law.
Hiring an attorney also provides critical advocacy, negotiation skills, and investigative resources. A wrongful death claim often involves accident reconstruction, medical expert testimony, and financial loss assessments to establish the full impact of the loss. Attorneys protect families from low settlement offers and fight for full compensation, ensuring all available damages are pursued.
Legal representation also allows families to focus on healing while the attorney manages court filings, deadlines, and negotiations. The emotional toll of a wrongful death case can be overwhelming, and an attorney’s guidance provides stability and reassurance during a difficult time.
Your Wrongful Death Lawyer in Annapolis Will Stand by Your Side
Pursuing a wrongful death claim can help your family achieve financial stability after a tragic loss. Your wrongful death attorney in Annapolis with Schochor, Staton, Goldberg and Cardea, P.A. is prepared to fight for the compensation you deserve. Call our office or fill out our contact form today to set up a free consultation.