Baltimore Wrongful Death Lawyers

Nothing can prepare you for the pain of losing a loved one due to someone else’s reckless or negligent actions. A Baltimore wrongful death lawyer with Schochor, Staton, Goldberg and Cardea, P.A. has been fighting for injury victims and accident survivors since 1984, ensuring families receive the justice they deserve. With an experienced personal injury attorney by your side, you can take legal action against the party responsible for your loss.

Understanding Baltimore Wrongful Death Claims

Losing a loved one due to negligence or wrongful actions is devastating. Families are left with emotional pain, financial burdens, and legal questions about what comes next. Maryland law allows certain family members to file a wrongful death claim under Maryland Courts & Judicial Proceedings § 3-902, which provides a path for seeking compensation from the responsible party.

This guide explains the key aspects of wrongful death claims in Baltimore, including who can file, common causes, and the legal standards involved. Families have legal rights, but Maryland Courts & Judicial Proceedings § 3-904 outlines strict requirements regarding eligibility and compensation. A dedicated wrongful death attorney can help gather evidence, prove negligence, and ensure that families receive the financial support they need.

Who Can File a Wrongful Death Claim in Baltimore?

Not everyone can file a wrongful death claim in Maryland. The law prioritizes immediate family members and ensures that all eligible parties are included in a single legal action.

Common Causes of Wrongful Death Claims in Baltimore

Maryland law allows families to pursue wrongful death claims when negligence, misconduct, or hazardous conditions lead to a fatal injury. Under Maryland Courts & Judicial Proceedings § 3-901, wrongful death claims can arise from a wide range of situations, including vehicle crashes, medical negligence, unsafe workplaces, defective products, and criminal acts.

Motor Vehicle Accidents – Fatal collisions often result from distracted driving, speeding, reckless behavior, or impaired driving. Maryland Transportation Code § 21-901.1 holds negligent drivers accountable for causing fatal accidents.
Medical Malpractice – Healthcare professionals can be liable for surgical mistakes, misdiagnoses, medication errors, and preventable birth injuries. The Maryland Health Care Malpractice Claims Statute (Maryland Courts & Judicial Proceedings § 3-2A-01) governs legal claims involving fatal medical errors.
Workplace and Construction Accidents – Unsafe job conditions can lead to fatal falls, heavy equipment failures or power tool malfunctions, OSHA violations, and electrocutions. Maryland Labor and Employment § 9-509 allows wrongful death claims when a third party is responsible for a workplace fatality.
Defective Products – Manufacturers can be held responsible under Maryland Commercial Law § 11-108 if their defective products cause fatal injuries. These cases may involve dangerous consumer goods, malfunctioning vehicles, or hazardous pharmaceuticals.
Criminal Acts and Intentional Harm – Families can file a wrongful death lawsuit after a homicide, assault, or other violent crime. These civil claims are separate from criminal prosecutions and allow survivors to seek financial compensation for their loss, even if the death occurred unintentionally.

Proving Negligence in a Baltimore Wrongful Death Case

A wrongful death claim must establish that another party’s negligence directly caused the fatal injury that took your loved one’s life. Maryland law requires proving specific elements to hold the responsible party accountable. Gathering strong evidence and presenting a clear legal argument is essential to securing compensation for surviving family members.

Key Elements of Negligence

Duty of Care – The defendant must have owed a legal duty of care to the deceased. Drivers have a duty to follow traffic laws and drive as safely as possible, doctors must provide proper medical treatment that aligns with the standard of care expected from healthcare providers, and property owners must maintain safe conditions for consumers and visitors.
Breach of Duty – Negligence occurs when the responsible party fails to meet their legal obligation. Examples may include a driver who was texting, a surgeon who made a preventable error, or an employer who ignored safety regulations may have breached their duty.
Causation – The wrongful death claim must show that the breach of duty directly led to the fatal injury. Without a clear connection between the defendant’s actions and the death, a claim may not be successful.
Damages – Surviving family members must prove that they suffered financial and emotional losses as a result of their loved one’s fatal injuries. This can include loss of income the deceased would have earned, expenses for medical treatment, funeral and burial costs, and the loss of companionship, guidance, love, and support.

Evidence Collection

Building a strong wrongful death case requires thorough evidence collection. Every piece of supporting documentation can strengthen the claim and establish liability.

Accident reports – Police and workplace incident reports provide critical details about what happened and who was involved.
Medical records – Hospital records and autopsy reports document the cause of death and any treatments provided.
Eyewitness testimonies – Statements from bystanders, coworkers, or passengers may provide insight into how the fatal event occurred.
Security, traffic, or dash cam footage – Many camera systems utilize limited digital storage that is recycled, sometimes as often as recording over the previous month’s footage, so obtaining any available video recordings as quickly as possible may be vital to your claim.
Expert analysis – Medical professionals, accident reconstructionists, and forensic specialists can testify to explain complex issues related to negligence.

Contributory Negligence in Maryland

Maryland follows a strict contributory negligence rule, as outlined by the Maryland Department of Legislative Services, which bars recovery if the deceased was even 1% at fault for the accident. Insurance companies often use this rule to argue that the deceased shared responsibility, attempting to prevent a payout.

Refuting contributory negligence requires a strong legal strategy. Attorneys may challenge the accuracy of accident reports, question witness credibility, or use expert testimony to establish that the deceased played no role in the fatal incident. Because Maryland’s rule is one of the strictest in the country, securing compensation requires presenting an airtight case against the responsible party.

Damages Available in Baltimore Wrongful Death Cases

Surviving family members can seek compensation for both financial and emotional losses. Maryland law divides these damages into economic, non-economic, and, in rare cases, punitive damages.

Economic Damages

Medical expenses – Any hospital bills or treatments provided before death can be included in a claim. These costs can be significant in cases where life-saving measures were attempted.
Funeral and burial costs – Families may recover expenses for the deceased’s funeral, cremation, or burial services. These costs can place a financial strain on surviving family members.
Lost future earnings – If the deceased was a primary provider, families can claim the income they would have earned. Lost retirement benefits, bonuses, and long-term financial support may also be considered.
Value of services – Compensation may be awarded for the loss of household contributions, such as childcare, caregiving, or household maintenance.

Non-Economic Damages

Emotional distress – Maryland law recognizes the pain, suffering, and emotional impact of losing a loved one.
Loss of companionship – Spouses can seek damages for the loss of emotional support, while children may claim the loss of parental guidance.
Statutory cap – Maryland places a limit on non-economic damages in wrongful death claims. As of 2024, the cap is $950,000 for a single beneficiary and approximately $1.4 million for multiple beneficiaries.

Survival Actions

A survival action is separate from a wrongful death claim. Under Maryland law, a survival action is brought on behalf of the deceased’s estate to recover damages the deceased would have been entitled to if they had survived. These damages may include medical bills, lost wages, and pain and suffering endured before death.

Wrongful death claims and survival actions are often filed together. This ensures that both the deceased’s suffering and the financial losses of the family are addressed. Combining these claims allows families to seek the full scope of compensation available under Maryland law.

Baltimore-Specific Wrongful Death Laws and Precedents

Maryland law has strict requirements regarding who can file a wrongful death claim and what damages may be recovered. The Maryland Wrongful Death Act defines wrongful death and outlines who may seek compensation. Understanding these laws is essential when pursuing a claim.

Maryland Wrongful Death Act

Who can file – Maryland law allows spouses, children, and parents to file a wrongful death claim. If no immediate family members exist, other financially dependent relatives may be eligible.
Damages recoverable – Economic and non-economic damages may be pursued, but Maryland imposes limits on certain types of compensation.
Time limits – Wrongful death lawsuits must be filed within three years from the date of death, except in limited exceptions such as occupational diseases.

Notable Case Law: Spangler v. McQuitty

Maryland courts have reaffirmed that wrongful death claims are independent from prior personal injury lawsuits. In Spangler v. McQuitty, the court ruled that surviving family members could still file a wrongful death claim even if the deceased had previously pursued a personal injury lawsuit before passing away. This decision ensures that families retain their right to seek compensation, regardless of any prior legal actions taken by the deceased.

Let a Wrongful Death Lawyer in Baltimore Fight for Your Family’s Justice

If your loved one’s death was caused by negligence or recklessness, legal action may help your family recover compensation for medical bills, funeral expenses, and your emotional and financial losses. Your wrongful death attorney in Baltimore from Schochor, Staton, Goldberg and Cardea, P.A. is prepared to hold the responsible party accountable and seek the maximum recovery available. Contact our office today for a free, confidential consultation to explore your legal options.