Losing a loved one due to someone else’s negligence is devastating, but your family has the right to seek justice. Your Catonsville wrongful death lawyer from Schochor, Staton, Goldberg and Cardea, P.A.—recognized as Trial Lawyers of the Year—will fight to hold the responsible party accountable. Let us help you pursue the compensation and closure your family deserves.

Understanding Wrongful Death Claims in Catonsville, Maryland

Maryland law defines wrongful death as a fatality caused by another party’s negligence, recklessness, or intentional misconduct. Under Md. Code, Cts. & Jud. Proc. § 3-904, surviving family members may seek compensation for financial and emotional losses resulting from their loved one’s death.

The Maryland Wrongful Death Act allows families to recover damages for lost financial support, emotional suffering, and loss of companionship. Filing a wrongful death claim ensures that negligent individuals or businesses are held accountable while providing families with financial relief during a difficult time.

Who Can File a Wrongful Death Lawsuit in Maryland?

Primary Beneficiaries

The right to file a wrongful death lawsuit is first granted to primary beneficiaries, including:

  • Spouses
  • Children (minor or adult)
  • Parents

Primary beneficiaries have the strongest claim and are entitled to recover compensation for financial and emotional losses. If multiple beneficiaries exist, they must be included in one wrongful death lawsuit.

Secondary Beneficiaries

If no primary beneficiaries survive, secondary beneficiaries may be eligible to file. These may include:

  • Siblings
  • Extended family members
  • Financially dependent relatives

Secondary beneficiaries must demonstrate that they relied on the deceased for financial support. Maryland law ensures that wrongful death claims are limited to those who suffered measurable harm from their loved one’s passing.

Coordinating Multiple Family Members

Wrongful death lawsuits must include all eligible beneficiaries in a single claim. If a known beneficiary is left out, disputes over compensation may arise, delaying or jeopardizing financial recovery. Consulting an attorney ensures that all claimants are identified and included.

Proving Negligence and Liability

Four Key Elements of Negligence

A successful wrongful death claim must prove four essential elements:

  • Duty of care 
  • Breach of duty 
  • Causation 
  • Damages 

Examples of Negligence

Fatal accidents often result from reckless or negligent behavior. Some common wrongful death claims involve:

  • Traffic violations – Speeding, DUI, distracted driving.
  • Medical errors – Misdiagnosis, surgical mistakes, delayed treatment.
  • Unsafe workplaces – Lack of safety equipment, dangerous conditions.
  • Defective products – Automotive failures, unsafe medical devices.
  • Premises liability – Slip and falls, lack of security, fire hazards.

Contributory Negligence Rule in Maryland

Maryland follows a strict contributory negligence rule, so even if the deceased was even 1% at fault, their family may be barred from recovering damages. Insurance companies often use this law to deny claims or minimize payouts.

Gathering Evidence to Prove Fault

Building a strong case requires compelling evidence that establishes liability. Attorneys gather:

  • Police and accident reports
  • Surveillance footage
  • Medical records and autopsy reports
  • Witness statements
  • Accident reconstruction analysis
  • Employment and safety records
  • Expert testimony from medical and financial professionals

Handling Insurance and Opposing Party Communications

Wrongful death claims often involve complex negotiations with insurance companies that may dispute liability or offer unfair settlements. Our attorneys handle:

  • Insurance negotiations to prevent lowball offers
  • Legal filings and procedural deadlines
  • Defense strategies aimed at shifting blame

Securing strong legal representation ensures families receive full and fair compensation while protecting their legal rights.

Frequent Causes of Fatal Accidents in Catonsville

Wrongful death claims arise when another party’s negligence or reckless actions result in a preventable fatality. Some of the most frequent causes of fatal accidents in Catonsville include:

Traffic Collisions and Roadway Fatalities

Car accidents remain one of the leading causes of wrongful death in Maryland. Speeding, distracted driving, and reckless maneuvers contribute to deadly crashes involving passenger vehicles, motorcycles, and commercial trucks.

Pedestrian and bicycle accidents also result in fatal injuries, particularly in high-traffic areas and intersections. Drivers who fail to yield or check for cyclists create dangerous conditions that often lead to wrongful death lawsuits.

Medical Negligence and Fatal Healthcare Errors

Medical malpractice is another significant cause of wrongful death. Patients who trust healthcare professionals may suffer fatal consequences when doctors, nurses, or hospitals fail to follow proper medical procedures. Common wrongful death claims in medical malpractice involve:

  • Surgical errors
  • Anesthesia mistakes
  • Failure to diagnose life-threatening conditions
  • Delayed emergency treatment
  • Mismanagement of medications

Hazardous Work Environments and Fatal Occupational Injuries

Workplace fatalities frequently occur in construction, industrial, and transportation jobs. Employers must provide a safe working environment, but preventable accidents still claim workers’ lives. Fatal workplace accidents often involve:

  • Falls from scaffolding or ladders
  • Machinery entanglements
  • Explosions or fires
  • Toxic chemical exposure
  • Electrocutions

Unsafe Products and Deadly Consumer Goods

Manufacturers have a legal duty to ensure their products are safe for consumers. When defective products lead to fatal injuries, the manufacturer, distributor, or retailer may be held accountable under product liability laws. Defective product wrongful death claims commonly involve:

  • Faulty automobile components
  • Unsafe pharmaceuticals
  • Hazardous children’s toys
  • Defective household appliances
  • Medical device failures

Premises Liability and Dangerous Property Conditions

Property owners must maintain safe conditions for visitors, but negligence can lead to fatal injuries. When a hazardous condition is not addressed, families may pursue a wrongful death claim against the property owner.

Common premises liability incidents resulting in fatal injuries include:

  • Slip and falls due to unmarked hazards
  • Unsecured swimming pools
  • Fire hazards and carbon monoxide leaks
  • Falling objects or collapsing structures
  • Lack of security leading to violent crimes

Violence, Criminal Acts, and Fatal Negligence

Some wrongful death cases involve criminal acts, such as homicides or assaults. Families may have a civil claim for wrongful death even if a criminal case is already pending.

Wrongful death claims arising from criminal acts often involve:

  • DUI-related fatalities
  • Negligent security leading to violent crimes
  • Firearm accidents and mishandling
  • Physical altercations resulting in fatal injuries

Unlike a criminal case, which seeks punishment for the offender, a wrongful death lawsuit focuses on financial recovery for surviving family members. Families can pursue compensation for medical expenses, funeral costs, and emotional suffering.

Each wrongful death case requires thorough investigation and strong evidence to establish liability. Attorneys work with accident reconstructionists, medical experts, and financial analysts to ensure families receive full compensation for their loss.

Damages Available in Catonsville Wrongful Death Claims

Economic Damages

Families may recover financial compensation for economic losses associated with their loved one’s passing. These damages might include:

  • Medical bills
  • Funeral and burial expenses
  • Loss of future earnings and benefits
  • Costs related to the accident, such as property damage
  • Probate fees and estate administration expenses

In some cases, a separate survival action may be filed to recover damages the deceased incurred before passing, including medical expenses, lost wages, and pain and suffering.

Non-Economic Damages

Compensation is also available for the emotional toll of losing a loved one. Non-economic damages may include:

  • Mental anguish
  • Emotional pain and suffering
  • Loss of companionship
  • Loss of parental guidance
  • Loss of consortium for spouses

Maryland Wrongful Death Laws and Time Limits

Statute of Limitations

Maryland law imposes a three-year statute of limitations for wrongful death claims under § 3-904(g) of the Courts & Judicial Proceedings Article. Failing to file within this deadline can bar families from recovering compensation.

Some exceptions apply, such as occupational disease cases, where families may have up to 10 years from the date of death or three years from when the illness was discovered. Acting quickly is essential to ensure evidence is preserved and claims are filed correctly.

Wrongful Death Claim vs. Survival Action

A wrongful death claim compensates surviving family members for their losses, while a survival action seeks damages for the pain and suffering the deceased endured before death. Families may pursue both claims simultaneously to recover full compensation.

Importance of Meeting Filing and Procedural Requirements

Wrongful death claims involve strict legal procedures, including:

  • Filing in the correct court
  • Notifying all eligible beneficiaries
  • Complying with medical malpractice pre-suit requirements (if applicable)
  • Gathering police reports, medical records, and expert testimony

How a Catonsville Wrongful Death Lawyer Can Help

Wrongful death claims require extensive investigation, strong legal arguments, and careful documentation of damages. Families grieving the loss of a loved one should not have to handle complex legal procedures on their own. An experienced attorney provides both legal representation and emotional support throughout the claims process.

A wrongful death lawyer assists with:

  • Conducting a comprehensive investigation – Gathering police reports, medical records, and expert testimony.
  • Handling insurance negotiations – Challenging low settlement offers and pushing for fair compensation.
  • Managing legal filings – Ensuring court documents, deadlines, and procedural requirements are met.
  • Calculating damages – Assessing economic and non-economic losses to determine full compensation.
  • Proving liability – Establishing the defendant’s fault using witness statements, surveillance footage, and accident reconstruction.
  • Explaining each step of the legal process – Keeping families informed and guiding them through complex legal matters.
  • Protecting against contributory negligence claims – Countering arguments that the deceased was partially responsible.
  • Representing families in court – Preparing for trial if a fair settlement cannot be reached.
  • Providing compassionate support – Helping families focus on healing while legal matters are handled.

An attorney’s role goes beyond negotiating financial settlements. Legal representation ensures that the responsible parties are held accountable and that surviving family members receive the justice and financial support they deserve.

Your Wrongful Death Lawyer in Catonsville Will Fight for Justice

Time is limited to file a wrongful death claim, making early legal action critical. Your wrongful death attorney in Catonsville with Schochor, Staton, Goldberg and Cardea, P.A. offers dedicated legal advocacy to help your family secure fair compensation. Fill out our contact form or call our office today to schedule a free, no-obligation consultation.