When a loved one’s life is taken due to another party’s negligence, your family deserves answers and justice. Your Bel Air South wrongful death lawyer from Schochor, Staton, Goldberg and Cardea, P.A. has recovered over $1 billion in damages for injury victims and their families. Speak with our firm today to learn about your options for holding the liable party financially accountable.
What Constitutes a Wrongful Death in Maryland?
Under Md. Code, Cts. & Jud. Proc. § 3-904, wrongful death claims allow surviving family members to seek compensation for the financial and emotional losses caused by their loved one’s death. Unlike criminal charges, which focus on punishing the at-fault party, wrongful death lawsuits are civil claims aimed at securing financial recovery for surviving family members.
Wrongful death cases arise from a variety of circumstances, including:
- Motor vehicle accidents
- Medical malpractice
- Workplace injuries
- Defective products
- Premises liability incidents
- Nursing home abuse
- Intentional harm, such as assault or homicide
Determining liability requires a thorough investigation, expert testimony, and strong legal representation to prove that the at-fault party’s actions directly caused your loved one’s death.
Who Can File a Wrongful Death Lawsuit in Maryland?
Maryland law establishes primary beneficiaries as the individuals with the first right to file a wrongful death claim. These include:
- Spouses
- Children
- Parents
If no primary beneficiaries exist, secondary beneficiaries may be eligible to file. This category includes siblings, financially dependent relatives, or other family members who can prove they suffered losses due to the death. Only one wrongful death lawsuit may be filed per victim, and all eligible beneficiaries must be included in the claim.
In addition to wrongful death lawsuits, a survival action may be filed by the deceased’s estate. Unlike a wrongful death claim, which compensates family members for their losses, a survival action seeks damages for the pain, suffering, and financial losses the deceased experienced before their death. These two legal claims can be pursued together, ensuring that all damages are accounted for in the case.
Types of Fatal Accidents Leading to Wrongful Death Claims
Car Accidents
Fatal crashes are often caused by reckless or negligent driving. Some of the most common causes of deadly collisions include:
- Speeding
- Drunk or drug-impaired driving
- Distracted driving
- Failure to yield
- Reckless lane changes
- Running red lights or stop signs
- Poor road conditions
Negligent drivers, vehicle manufacturers, and even government entities responsible for road maintenance may be held liable for a wrongful death claim.
Truck Accidents
Commercial trucks pose significant dangers due to their size and weight. Fatal truck accidents frequently result from:
- Driver fatigue
- Poor vehicle maintenance
- Speeding or aggressive driving
- Improperly secured cargo
- Mechanical failures
- Distracted driving
- Inexperienced or improperly trained drivers
Truck accident claims can involve multiple liable parties, including trucking companies, maintenance providers, and manufacturers of defective truck parts.
Medical Malpractice
Patients trust healthcare providers to offer competent medical care, but fatal mistakes happen when negligence occurs. Common wrongful death claims involving medical malpractice include:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Anesthesia mistakes
- Birth injuries
- Medication errors
- Infections acquired in hospitals
- Failure to monitor critical patients
Hospitals, doctors, nurses, and pharmaceutical companies may be held accountable when their negligence leads to a fatal medical mistake.
Workplace Accidents
Some industries expose workers to life-threatening hazards every day. Fatal workplace injuries frequently involve:
- Construction site accidents
- Exposure to toxic chemicals
- Falls from scaffolding or ladders
- Heavy machinery malfunctions
- Transportation-related accidents
- Electrocution
- Lack of proper safety equipment
Employers, equipment manufacturers, and third-party contractors may all share responsibility in a workplace wrongful death claim.
Defective Products
Manufacturers and distributors must ensure their products are safe before they reach consumers. Fatal product-related injuries often result from:
- Automotive defects
- Dangerous prescription drugs
- Unsafe medical devices
- Defective household appliances
- Contaminated food products
- Exploding batteries or electronics
- Faulty construction materials
Product liability claims allow families to seek justice when defective products lead to a wrongful death. Manufacturers, retailers, and distributors may all be held accountable.
Proving Negligence in a Maryland Wrongful Death Case
Wrongful death claims require demonstrating that another party’s negligence directly caused the fatal incident. Maryland law establishes four key elements that must be met to hold someone liable: duty of care, breach of duty, causation, and damages. Each of the following elements plays a critical role in proving that a preventable death resulted from careless or reckless behavior:
- Duty of care refers to the legal responsibility individuals or entities have to prevent harm to others. A doctor must provide proper medical treatment, a driver must follow traffic laws, and a property owner must maintain safe conditions for visitors.
- A breach of duty occurs when the responsible party fails to meet the standard of care required in a given situation. This could mean a driver operating a vehicle while intoxicated, a construction company failing to follow safety protocols, or a healthcare provider misdiagnosing a life-threatening condition.
- Causation is the link between the breach of duty and the wrongful death itself. It must be shown that the defendant’s actions directly led to the fatal outcome, rather than unrelated factors.
- Damages in wrongful death cases cover both financial and emotional losses suffered by surviving family members. This includes funeral expenses, lost income, and the profound emotional impact of losing a loved one. Maryland follows a contributory negligence rule, meaning if the deceased was even 1% at fault, their family may be barred from recovering damages.
Damages Available in Maryland Wrongful Death Cases
Maryland law allows families to recover both economic and non-economic damages in a wrongful death claim. Economic damages cover measurable financial losses, including:
- Funeral and burial costs
- Future earnings the deceased would have provided
- Loss of companionship
- Loss of consortium for surviving spouses
- Loss of emotional support
- Loss of financial support for dependents
- Loss of household services
- Loss of parental guidance
- Lost wages the deceased would have earned
- Medical expenses
- Mental anguish
- Out-of-pocket expenses related to the death
Relevant Maryland Case Law on Wrongful Death
Mummert v. Alizadeh
In Mummert v. Alizadeh, the Maryland Court of Appeals ruled that wrongful death claims are independent of any legal claims the deceased could have pursued before their passing. This means that even if your loved one had a pending personal injury case before their death, you and your family can still file a wrongful death lawsuit to seek compensation for your losses.
This ruling ensures that surviving family members are not limited by the legal actions of the deceased. If negligence resulted in your loved one’s death, the right to pursue compensation remains intact, regardless of any previous legal claims or settlements.
Spangler v. McQuitty
The Maryland Court of Appeals in Spangler v. McQuitty clarified that a wrongful death lawsuit can still proceed even if the deceased previously received a settlement for their personal injury claim. The court determined that wrongful death claims are separate from the deceased’s personal rights, meaning surviving beneficiaries are not bound by prior settlements.
This case is crucial for families who may have believed that an earlier legal action by their loved one prevents them from seeking justice. It confirms that wrongful death claims focus on the impact of the loss on surviving family members, rather than any compensation received before death.
Wadsworth v. Sharma
In Wadsworth v. Sharma, the Maryland courts rejected the loss of chance doctrine, which is recognized in some states to allow compensation for a reduced chance of survival due to medical negligence. Maryland law requires plaintiffs to prove that negligence directly caused the death, rather than simply reducing the likelihood of survival.
This ruling makes proving causation in medical malpractice wrongful death claims more challenging. To succeed, families must present strong medical evidence and expert testimony establishing that the healthcare provider’s negligence directly resulted in death, rather than merely worsening an existing condition.
How a Bel Air South Wrongful Death Lawyer Can Help
Wrongful death claims require a thorough investigation and legal expertise. Our attorneys assist by:
- Conducting comprehensive investigations
- Gathering accident reports, witness statements, and expert analyses
- Identifying all liable parties, including individuals, companies, and government entities
- Managing legal filings and court deadlines
- Negotiating with insurance companies for fair settlements
- Accurately calculating economic and non-economic damages
- Representing families in court if litigation becomes necessary
- Providing compassionate guidance and support to grieving families
Statute of Limitations for Maryland Wrongful Death Claims
Maryland law sets a three-year deadline from the date of death to file a wrongful death claim per § 3-904(g) of the Courts & Judicial Proceedings Article. Missing this deadline can result in losing the right to pursue compensation.
There are limited exceptions to this rule. Claims involving occupational diseases may have extended filing periods based on when the illness was discovered. Additionally, cases where homicide concealment is a factor may allow for exceptions to the standard timeframe. Acting promptly is essential to preserving evidence and protecting your legal rights.
Your Wrongful Death Lawyer in Bel Air South Is Ready to Fight for Your Family
Wrongful death claims can provide the financial relief your family needs after a devastating loss. Your wrongful death attorney in Bel Air South with Schochor, Staton, Goldberg and Cardea, P.A. will handle every aspect of your case while you focus on healing. Complete our online contact form or call our office today to set up a free consultation.