Wrongful death claims allow families to hold negligent parties accountable and recover compensation for their devastating loss. Your Bowie wrongful death lawyer from Schochor, Staton, Goldberg and Cardea, P.A. has been serving the community since 1984, providing trusted legal representation for families facing tragedy. Let us help you understand your options and pursue the justice your loved one deserves.

Who Can File a Wrongful Death Claim in Bowie?

Primary Beneficiaries

Maryland law grants the right to file a wrongful death claim to primary beneficiaries first. These include:

  • Surviving spouse
  • Children
  • Parents

These individuals have the first right to seek compensation for financial and emotional losses under Md. Code, Cts. & Jud. Proc. § 3-904. If multiple primary beneficiaries exist, they may file together or separately within the required legal timeframe.

Secondary Beneficiaries

If no primary beneficiaries are available, secondary beneficiaries may be eligible to file. These individuals include:

  • Siblings
  • Extended family members
  • Other financially dependent relatives

To qualify, secondary beneficiaries must demonstrate substantial financial dependence on the deceased. Only one wrongful death lawsuit may be filed, so all eligible beneficiaries should be included in the claim.

Common Causes of Wrongful Death Claims in Bowie

Motor Vehicle Accidents

Negligent drivers are responsible for many fatal crashes in Bowie. Common causes of deadly collisions include:

  • Drunk driving
  • Distracted driving
  • Speeding
  • Running red lights
  • Reckless lane changes
  • Failure to yield
  • Mechanical failures

Liability may fall on the driver, their employer (in commercial vehicle cases), or an auto manufacturer if a defect contributed to the crash.

Medical Malpractice

Fatal medical errors occur when healthcare providers fail to meet the standard of care. Common wrongful death cases involving medical malpractice include:

  • Surgical errors
  • Misdiagnosis or delayed diagnosis
  • Medication mistakes
  • Birth injuries
  • Anesthesia errors
  • Failure to monitor critical conditions

Hospitals, doctors, nurses, and pharmaceutical companies may all share liability when their negligence results in a fatal medical outcome.

Workplace Accidents

Certain jobs expose workers to significant hazards. Fatal workplace injuries often involve:

  • Electrocutions
  • Machinery accidents
  • Toxic chemical exposure
  • Falls from scaffolding or ladders
  • Vehicle-related incidents
  • Explosions or fires

Employers, contractors, and third-party equipment manufacturers may be held responsible depending on the circumstances of the accident.

Defective Products

Manufacturers and distributors have a legal duty to ensure their products are safe. Fatalities caused by defective products often involve:

  • Faulty auto parts, including defective brakes and airbags
  • Dangerous prescription medications
  • Unsafe consumer goods
  • Hazardous household appliances
  • Contaminated food products
  • Malfunctioning medical devices

Premises Liability Incidents

Property owners must maintain safe conditions for visitors. Fatal injuries due to unsafe premises often result from:

  • Slips and falls
  • Drownings in unsecured pools
  • Carbon monoxide poisoning
  • Fires or structural collapses
  • Assaults due to inadequate security

Nursing Home Negligence or Abuse

Elderly residents rely on caregivers to provide proper care. When facilities fail to meet this duty, wrongful death claims may arise due to:

  • Bedsores and untreated infections
  • Malnutrition and dehydration
  • Medication errors
  • Physical abuse
  • Neglect leading to fatal falls or medical complications

Nursing homes and assisted living facilities must be held accountable when their negligence leads to a resident’s death. Legal action can help prevent similar tragedies from happening to others.

Proving Negligence in a Wrongful Death Case

To hold someone accountable for wrongful death, you must establish four key elements: duty of care, breach of duty, causation, and damages. Duty of care means that the defendant had a legal responsibility to act in a way that prevents harm to others. This could include a driver following traffic laws, a doctor providing proper medical treatment, or a property owner maintaining safe premises.

Breach of duty occurs when the responsible party fails to uphold their legal obligation. A driver who texts behind the wheel, a surgeon who operates on the wrong body part, or a manufacturer who releases a defective product into the market may all be guilty of breaching their duty of care. Proving this breach requires showing that the defendant acted carelessly, recklessly, or in direct violation of safety standards.

Causation means that the defendant’s actions directly led to the victim’s death. In some cases, expert testimony may be needed to establish a clear connection, such as a medical expert proving that a misdiagnosis led to fatal complications. Proximate causation must also be considered, meaning that the death was a foreseeable result of the negligent act. Without clear causation, the defendant may argue that other factors contributed to the fatality.

Damages in a wrongful death case include both economic and non-economic losses. Families may seek compensation for financial hardships like lost income and funeral expenses, as well as emotional suffering and loss of companionship. Maryland’s strict contributory negligence rule means that if the deceased was even 1% at fault, their family may be barred from recovering compensation according to the Maryland Department of Legislative Services. Insurance companies often use this law to deny claims, which is why a strong legal strategy is essential.

Types of Damages Available in Bowie Wrongful Death Cases

Economic Damages

Wrongful death claims allow families to recover compensation for the financial losses caused by their loved one’s passing. These losses include medical expenses related to the final injury or illness, funeral and burial costs, and lost income the deceased would have earned over their lifetime. Families who depended on the deceased for financial support may also seek damages for lost benefits, pension plans, and contributions to household expenses.

Calculating economic damages requires a thorough assessment of the deceased’s earnings, expected career trajectory, and financial obligations. Experts may be needed to project future lost income based on the victim’s age, occupation, and earning potential. These calculations help ensure families receive fair compensation that accounts for the long-term financial impact of their loss.

Non-Economic Damages

Non-economic damages address the emotional toll of losing a loved one due to negligence. Families may recover compensation for mental anguish, emotional distress, and psychological suffering. Losing a parent, spouse, or child brings an immeasurable emotional burden, and non-economic damages aim to recognize this loss.

Compensation is also available for the loss of companionship and guidance. Surviving spouses may seek damages for the loss of emotional support, while children may recover compensation for the absence of parental mentorship and care. These damages acknowledge that wrongful death affects more than just finances—it disrupts families and leaves lasting emotional wounds.

Statute of Limitations for Wrongful Death Claims in Maryland

Standard Deadline

Families generally have three years from the date of death to file a wrongful death lawsuit under § 3-904(g) of the Courts & Judicial Proceedings Article. Filing after this deadline can result in losing the right to recover compensation.

Exceptions

In these limited cases, the deadline may be extended:

  • Occupational disease cases – If exposure to toxic substances caused the death, the filing period may begin when the illness was diagnosed.
  • Concealment of wrongdoing – If evidence of negligence was intentionally hidden, the statute of limitations may be adjusted.

Importance of Timely Action

Early legal action helps preserve critical evidence, including medical records, accident reports, and witness statements. Delaying a claim can weaken your case and make it more difficult to recover compensation.

How a Bowie Wrongful Death Lawyer Can Help

Comprehensive Investigation

A strong wrongful death claim starts with a detailed investigation. Our attorneys:

  • Collect accident reports and medical records
  • Interview witnesses and gather statements
  • Consult expert witnesses, including accident reconstructionists and medical professionals

Establishing Liability

Determining fault requires identifying all responsible parties. Potential defendants in a wrongful death claim may include:

  • Negligent drivers
  • Employers or third-party contractors
  • Property owners
  • Medical professionals
  • Product manufacturers

Managing Legal Procedures

Maryland wrongful death claims involve complex legal filings and strict deadlines. Our firm handles:

  • Drafting and filing court documents
  • Managing estate administration if required
  • Ensuring compliance with legal deadlines

Families should not have to handle legal complications while grieving. Our attorneys take care of the legal process so you can focus on healing.

Negotiations and Litigation

Insurance companies often try to minimize payouts or deny claims. Our attorneys:

  • Handle negotiations with insurance adjusters
  • Push back against low settlement offers
  • Prepare for trial if a fair agreement cannot be reached

When insurance companies refuse to take responsibility, our trial lawyers are ready to fight for maximum compensation.

Maximizing Compensation

Recovering full and fair compensation requires an accurate assessment of damages. Our attorneys can:

  • Calculate economic and non-economic losses
  • Factor in future lost earnings and benefits
  • Ensure compliance with Maryland’s damage cap laws

Compassionate Support

Losing a loved one is devastating, and legal battles can add unnecessary stress. Our firm will:

  • Keep you informed at every stage
  • Provide personalized legal strategies
  • Work on a contingency fee basis, meaning you pay nothing unless we win

Your Wrongful Death Lawyer in Bowie Will Advocate for Your Family

Wrongful death cases require a knowledgeable legal team that understands the complexities of Maryland law. Your wrongful death attorney in Bowie with Schochor, Staton, Goldberg and Cardea, P.A. will fight to secure financial stability for your family while you focus on healing. Contact us today by calling our office or filling out our contact form to schedule your free consultation.