Losing a loved one due to negligence is devastating, leaving families with emotional and financial challenges. Your Bethesda wrongful death lawyer from Schochor, Staton, Goldberg and Cardea, P.A., listed in the Bar Register for Preeminent Lawyers, is prepared to help you take legal action. If your family is ready to seek justice, we are here to provide the experienced representation you need.

Who Can File a Wrongful Death Claim in Bethesda, Maryland?

Primary Beneficiaries

Maryland law gives priority to immediate family members when filing a wrongful death claim. Spouses, children, and parents of the deceased are the first eligible claimants and may file jointly or individually for financial and emotional damages.

All primary beneficiaries must be notified of the claim and included in a single lawsuit. Failing to do so could lead to legal complications or disputes over compensation. Ensuring all eligible claimants are part of the case helps avoid delays and potential claim denials.

Secondary Beneficiaries

If there are no surviving primary beneficiaries, other family members may be eligible to file. These secondary beneficiaries must prove they were financially dependent on the deceased. Eligible secondary beneficiaries may include:

  • Siblings who relied on financial support from the deceased.
  • Grandparents or other relatives who lived with and depended on the deceased.
  • Extended family members who received regular financial assistance.
  • Legal dependents who were not biologically related but were supported.
  • Individuals who shared financial responsibilities with the deceased.
  • Stepchildren who were financially dependent on the deceased.
  • Other claimants who can establish a loss of financial stability.

Maryland prioritizes financial dependence over familial closeness when determining who qualifies to file a wrongful death claim.

Maryland’s Wrongful Death Statute

Under Md. Code, Cts. & Jud. Proc. § 3-904, wrongful death lawsuits allow families to seek compensation when a loved one’s death is caused by negligence, recklessness, or intentional harm. The law ensures that only eligible family members can pursue a claim, preventing multiple lawsuits from being filed for the same death.

What Maryland Wrongful Death Laws Say (Eligibility and Key Rules)

One Lawsuit Requirement

Maryland law mandates that only one wrongful death lawsuit may be filed per victim. All eligible family members must be included in the same case to prevent conflicting claims.

If a wrongful death lawsuit is filed without including all eligible beneficiaries, those who were left out may later challenge the claim. Ensuring proper inclusion from the start avoids legal disputes and delays in compensation.

Eligibility of Family Members

Maryland law establishes clear guidelines for who can file a wrongful death claim. Eligible claimants include:

  • Surviving spouses
  • Biological and adopted children
  • Parents of the deceased
  • Financially dependent relatives in the absence of primary beneficiaries

Non-eligible claimants include:

  • Unmarried partners, unless legally recognized as dependents
  • Fiancés who were not financially reliant on the deceased
  • Friends or non-relatives without financial ties to the deceased

Definition of a Wrongful Act

A wrongful death occurs when another party’s negligence, recklessness, or intentional act leads to a fatality. A wrongful death claim may be pursued when a person dies due to:

  • Medical malpractice – Surgical mistakes, misdiagnosis, medication errors
  • Motor vehicle accidents – Drunk driving, distracted driving, reckless driving
  • Workplace incidents – Unsafe job conditions, employer negligence, third-party liability
  • Defective products – Faulty medical devices, dangerous pharmaceuticals, auto defects
  • Premises liability – Unsafe property conditions, lack of security, preventable accidents
  • Criminal acts – Homicide, assault, or other intentional harm

Establishing liability in a wrongful death claim requires clear evidence that another party’s actions or inaction directly caused the death. The success of a case often depends on police reports, medical records, expert testimony, and witness statements.

Common Accidents and Incidents Leading to Wrongful Death Claims

Motor Vehicle Accidents

Traffic collisions remain one of the leading causes of wrongful death in Maryland. These fatal crashes often involve:

  • Distracted driving, including texting and hands-free device use.
  • Drunk or drug-impaired drivers operating recklessly.
  • Speeding on highways or through residential areas.
  • Intersection crashes caused by red-light violations or failure to yield.
  • Pedestrian and cyclist fatalities due to driver inattention.
  • Commercial truck crashes caused by driver fatigue or overloaded cargo.
  • Multi-vehicle accidents where multiple parties share responsibility.

Medical Malpractice

When medical professionals fail to meet the accepted standard of care, preventable deaths can occur. Fatal medical malpractice cases may involve:

  • Missed diagnoses or delayed treatment of life-threatening conditions.
  • Errors during surgery leading to fatal complications.
  • Overdoses or incorrect prescriptions due to medication mix-ups.
  • Birth injuries that result in an infant’s or mother’s death.
  • Negligent post-operative care leading to fatal infections.
  • Anesthesia errors causing severe complications during routine procedures.

Workplace and Construction Accidents

Certain industries pose a higher risk of fatal workplace accidents. Common wrongful death claims involve:

  • Falls from scaffolding, ladders, or other elevated work areas.
  • Crushing incidents involving forklifts, heavy equipment, or collapsing structures.
  • Exposure to toxic substances leading to fatal respiratory diseases.
  • Electrical accidents in construction or industrial settings.
  • Workplace vehicle crashes, including those involving delivery drivers.
  • Machinery malfunctions or defective safety equipment leading to fatal injuries.

Defective Products

Manufacturers and distributors are responsible for ensuring the safety of their products. Wrongful death claims may be filed due to:

  • Malfunctioning airbags, brakes, or other automotive defects.
  • Dangerous pharmaceutical drugs with undisclosed risks.
  • Medical implants or devices that fail and lead to fatal complications.
  • Consumer products that cause fires, choking hazards, or fatal injuries.
  • Defective tools or machinery that result in workplace deaths.
  • Contaminated or improperly labeled food products causing fatal reactions.

Premises Liability Accidents

Property owners are legally required to maintain safe conditions for visitors. Fatal injuries due to unsafe premises may occur from:

  • Slip-and-fall incidents caused by unmarked hazards or wet floors.
  • Structural failures, such as collapsing balconies, staircases, or ceilings.
  • Drownings due to unsecured or poorly maintained swimming pools.
  • Fires resulting from code violations, lack of smoke detectors, or electrical issues.
  • Carbon monoxide poisoning in rental properties or hotels.
  • Negligent security leading to assaults or fatal crimes on a property.

Intentional Acts and Other Situations

Wrongful death cases may also stem from criminal acts and intentional harm. Civil claims for financial compensation can be pursued in cases involving:

  • Homicide and fatal assaults in public places or private properties.
  • DUI-related crashes where the at-fault driver was intoxicated.
  • Fatal injuries resulting from negligent security at businesses or apartment complexes.
  • Domestic violence cases where a preventable fatality occurred.
  • Firearm-related deaths caused by unsafe handling or unsecured weapons.

Proving Negligence and Liability in a Wrongful Death Case

Duty of Care

To succeed in a wrongful death claim, you must prove that the defendant owed a legal duty of care to the deceased. This duty depends on the relationship between the parties, such as a doctor providing proper medical treatment or a driver following traffic laws.

A wrongful death claim requires establishing that the defendant had a responsibility to act reasonably to prevent harm. If this duty existed and was ignored, the next step is proving that the defendant’s actions directly caused the fatal incident.

Breach of Duty

A breach occurs when the defendant fails to uphold their legal responsibility. Common breaches in wrongful death cases include:

  • Distracted driving – Texting or using a phone while driving.
  • Medical errors – Misdiagnosing or delaying treatment of a serious condition.
  • Workplace safety violations – Failing to provide proper protective equipment.
  • Property hazards – Neglecting to fix dangerous conditions that cause fatal injuries.

Causation

Wrongful death claims must show that the defendant’s breach of duty directly caused the victim’s death. The burden of proof requires demonstrating that the fatal incident would not have happened if not for the defendant’s negligence.

Damages

The final element of a wrongful death claim is proving that the victim’s family suffered significant financial and emotional losses. These losses may include medical expenses, funeral costs, lost wages, and emotional suffering.

Lesser-Known but Important Aspects of Wrongful Death Cases in Maryland

Survival Actions vs. Wrongful Death Actions

Maryland law allows for two distinct claims following a wrongful death. A wrongful death claim compensates the surviving family for their financial and emotional losses. A survival action, however, allows the deceased’s estate to recover damages for medical expenses, lost wages, and pain and suffering the deceased experienced before passing.

No Double Recovery

Maryland law prohibits recovering the same damages in both a wrongful death claim and a survival action. This means that medical expenses, lost wages, or other financial losses cannot be compensated twice in both claims.

Resolution Through Settlement or Trial

Many wrongful death cases reach settlements before trial, allowing families to recover compensation faster and without the stress of court proceedings. However, if the defendant refuses to offer a fair settlement, the case may proceed to trial.

A skilled wrongful death attorney negotiates aggressively with insurance companies while preparing a strong courtroom strategy in case litigation becomes necessary. The goal is to secure maximum compensation while ensuring justice for the victim’s family.

Your Wrongful Death Lawyer in Bethesda Is Here to Fight for You

Wrongful death cases require aggressive advocacy to secure the financial compensation your family deserves. Your wrongful death attorney in Bethesda with Schochor, Staton, Goldberg and Cardea, P.A. will stand by your side every step of the way. Contact us today by calling our office or filling out our contact form to schedule a free consultation.