Losing a loved one due to someone else’s negligence is a devastating reality that no family should have to endure. Your Aspen Hill wrongful death lawyer from Schochor, Staton, Goldberg and Cardea, P.A. has built a reputation for winning big, securing substantial settlements and verdicts for grieving families. If you are ready to seek accountability, we are prepared to help you fight for the justice and compensation your family deserves.
Who Can File a Wrongful Death Claim in Maryland?
Primary Beneficiaries
Maryland law, under Md. Code, Cts. & Jud. Proc. § 3-904, grants the right to file a wrongful death claim first to spouses, children, and parents of the deceased. These primary beneficiaries have the strongest claim to compensation for financial and emotional losses. A wrongful death claim could involve a spouse and children filing together if a married parent is killed, or a parent filing if a deceased child had no spouse or children.
Only one wrongful death lawsuit may be filed per case, meaning all eligible beneficiaries must be included. When multiple primary beneficiaries exist, they should coordinate their claim to ensure all financial and emotional damages are considered.
Secondary Beneficiaries
If no spouse, child, or parent survives the deceased, siblings, cousins, or financially dependent relatives may be able to file. Secondary beneficiaries must prove that they relied on the deceased for substantial financial support in order to qualify for compensation.
Not all extended family members will qualify, even if they had a close relationship with the deceased. Maryland law prioritizes direct dependents, making it essential to assess whether financial reliance can be legally established before pursuing a claim.
Confirming Eligibility
Determining who qualifies to file a wrongful death claim requires careful legal analysis. Maryland law restricts eligibility to close family members or those who were financially dependent on the deceased.
Because only one lawsuit may be filed, consulting an attorney early is crucial to ensuring that all rightful beneficiaries are included. Failing to do so could impact the ability to recover full compensation for your losses.
Statute of Limitations for Wrongful Death in Maryland
General Three-Year Deadline
Maryland law imposes a three-year statute of limitations for filing a wrongful death claim under § 3-904(g) of the Courts & Judicial Proceedings Article. This means that the claim must be filed within three years from the date of death or the right to seek compensation may be forfeited.
Failing to meet this deadline can result in the court dismissing the case, leaving surviving family members without the ability to recover financial compensation for medical bills, funeral costs, and other losses.
Starting Point for the Filing Period
The three-year clock begins on the date of death, regardless of when the accident that caused the fatal injuries occurred. If a person sustained injuries in a crash or workplace accident but survived for weeks or months before passing, the statute of limitations begins on the date they died—not the date of the accident.
This distinction is important because families may assume they have more or less time than the law actually allows. Understanding the legal timeline is crucial to ensuring your right to compensation is protected.
Rare Exceptions
In certain situations, the filing deadline may be extended beyond three years. Some exceptions include cases involving hidden occupational diseases such as mesothelioma, where symptoms appear long after exposure. Another exception applies if new evidence reveals that negligence was a cause of death, such as in medical malpractice cases where the connection was not immediately clear.
Importance of Acting Promptly
Taking legal action early protects evidence, secures witness statements, and prevents delays in financial recovery. Waiting too long can make it harder to build a strong case, as critical documents, surveillance footage, and witness testimony may become unavailable.
Meeting the filing deadline is essential to ensuring that your family can seek the full compensation allowed under Maryland law. Consulting an experienced wrongful death lawyer can help avoid unnecessary delays that could jeopardize your claim.
Common Causes of Fatal Accidents in Aspen Hill
Car Accidents & Traffic Collisions
Deadly motor vehicle crashes are among the most common causes of wrongful death in Aspen Hill. These accidents often involve drunk driving, distracted driving, speeding, reckless lane changes, and failure to yield. Pedestrians and cyclists are especially vulnerable in collisions with larger vehicles, often suffering fatal injuries on impact.
Fatal traffic accidents can result in legal claims against negligent drivers, trucking companies, or even government entities if road conditions contributed to the crash. Liability may also extend to auto manufacturers when defective vehicle components play a role in the accident. A thorough investigation can help identify all responsible parties.
Medical Malpractice
Medical errors can have devastating consequences when doctors, nurses, or hospitals fail to provide adequate care. Some of the most common fatal malpractice cases involve misdiagnosis, surgical errors, anesthesia mistakes, and medication overdoses. Families who lose loved ones due to medical negligence have the right to pursue a wrongful death claim against the responsible provider.
Maryland law requires a certificate of merit for medical malpractice claims, meaning an expert must certify that the medical provider failed to meet the standard of care. These cases often rely on extensive medical records and expert testimony to prove negligence. Holding medical providers accountable can help prevent similar tragedies in the future.
Workplace Accidents
Certain industries, such as construction, manufacturing, and transportation, expose workers to life-threatening risks. Many workplace fatalities result from falls from heights, heavy machinery malfunctions, electrocution, and exposure to hazardous chemicals. Employers must follow strict safety regulations, but negligence often plays a role in fatal work-related incidents.
While workers’ compensation may provide benefits, some families may also have the right to file a third-party wrongful death lawsuit against subcontractors, equipment manufacturers, or property owners. Identifying all responsible parties is key to securing full financial compensation for surviving family members.
Premises Liability Incidents
Property owners have a legal duty to maintain safe conditions for visitors. When they fail to do so, fatal accidents can occur due to unsafe stairwells, defective railings, fires, swimming pool drownings, and negligent security. Business owners, landlords, and other property owners may be held accountable when their negligence leads to a wrongful death.
Establishing liability in a premises liability claim requires proving that the property owner knew or should have known about a dangerous condition but failed to take corrective action. Surveillance footage, maintenance records, and witness testimony are often critical in these cases.
Other Negligence-Based Fatalities
Many wrongful death claims stem from defective products, nursing home neglect, and pedestrian or bicycle accidents. Families may pursue legal action against product manufacturers, negligent caregivers, or reckless drivers who cause fatal harm.
These cases often involve complex liability issues, requiring expert analysis and legal representation to hold the responsible parties accountable. A wrongful death claim can help families recover compensation while ensuring that negligent individuals and businesses are held responsible for their actions.
Damages Available in Aspen Hill Wrongful Death Claims
Economic Damages
Families may recover compensation for financial losses caused by the wrongful death of a loved one. Economic damages include lost income and financial support, medical bills for treatment prior to death, and funeral and burial expenses. These damages aim to ease the financial burden left behind after a fatal accident.
Estimating lost future earnings requires evaluating the victim’s age, career trajectory, and expected financial contributions. Courts may also consider the loss of household services, such as childcare and home maintenance when calculating compensation.
Non-Economic Damages
In addition to financial losses, families may seek damages for the emotional impact of their loved one’s passing. Non-economic damages include emotional pain, mental anguish, and loss of companionship. The law recognizes that the sudden loss of a loved one can cause profound emotional suffering for surviving spouses, children, and parents.
Maryland imposes a cap on non-economic damages in wrongful death cases, which is adjusted annually. While this cap limits the amount recoverable for emotional suffering, there is no limit on economic damages, allowing families to seek full compensation for financial losses.
Distribution Among Beneficiaries
Maryland law outlines how wrongful death settlements or verdicts are distributed among beneficiaries. Compensation is typically divided based on each beneficiary’s financial dependence on the deceased and the nature of their relationship. Courts consider factors such as the loss of companionship, parental guidance, and financial support when determining how damages should be allocated.
Because only one wrongful death lawsuit may be filed per case, it is essential to include all eligible beneficiaries in the claim. Failing to do so could result in complications that may delay or reduce the compensation available to surviving family members.
Your Wrongful Death Lawyer in Aspen Hill Is Ready to Assist
The loss of a loved one is emotionally and financially overwhelming, but you do not have to face the legal battle alone. Your wrongful death attorney in Aspen Hill with Schochor, Staton, Goldberg and Cardea, P.A. will handle the complexities of your case while you focus on your family. Contact us today by calling our office or filling out our contact form to schedule a free, no-obligation consultation.