Columbia Wrongful Death Lawyers

A wrongful death can leave your family searching for answers, justice, and financial stability. A Columbia wrongful death lawyer with Schochor, Staton, Goldberg and Cardea, P.A. has provided over 40 years of zealous client advocacy, helping families secure compensation for their losses. With a dedicated personal injury attorney handling your case, you can focus on healing while we pursue justice on your behalf.

Understanding Wrongful Death Claims in Maryland

Losing a loved one due to negligence is an unimaginable tragedy that leaves families grieving and searching for answers. If your family member’s death was caused by someone else’s reckless actions, a Columbia wrongful death lawyer can help you seek justice and financial recovery. Maryland law provides a path for surviving family members to hold the responsible party accountable while securing compensation for their losses.

What Is a Wrongful Death Claim?

A wrongful death claim allows surviving family members to recover damages when their loved one’s death was caused by negligence, recklessness, or misconduct. Unlike a criminal case, which is pursued by the state and may result in jail time for the responsible party, a wrongful death claim is a civil action that seeks financial compensation for the family. The goal is to ease the financial burden of the loss while holding the negligent party responsible.

Maryland Wrongful Death Statute: Md. Courts & Judicial Proceedings Code § 3-904

Maryland law outlines who can file a wrongful death claim, what damages can be recovered, and the timeframe for filing. The most notable sections of this statute include:

Who Can File? – Primary beneficiaries include the decedent’s spouse, children, and parents. These individuals have the first right to bring a wrongful death claim. If no primary beneficiaries exist, secondary beneficiaries, such as financially dependent siblings or other relatives, may be eligible.
Wrongful Death vs. Survival Action – A wrongful death claim compensates surviving family members for their losses, including financial support and emotional suffering. A survival action, filed under Maryland law, allows the deceased’s estate to recover damages for the pain and suffering experienced before their death.
Burden of Proof – The claimant must establish that the responsible party had a duty of care, breached that duty, and directly caused the death. This often requires strong evidence such as medical records, accident reports, and expert testimony.
Statute of Limitations – Families typically have three years from the date of death to file a wrongful death claim. Certain exceptions apply, such as work-related illnesses or delayed discovery of the cause of death.

Types of Damages Available in a Maryland Wrongful Death Case

Wrongful death claims allow families to recover both economic and non-economic damages, ensuring that financial hardships and emotional suffering are addressed.

Economic Damages

Wrongful death claims allow families to recover financial losses resulting from their loved one’s passing. These damages cover the direct costs associated with the death, as well as the financial impact on surviving family members. Maryland law does not limit economic damages, meaning families can seek full compensation for their financial hardships.

Funeral and burial expenses – Families may seek compensation for the cost of funeral services, cremation, and burial. These expenses can add significant financial stress at a time when families are already dealing with emotional loss.
Medical bills from the final injury or illness – Any medical treatment received before death, including emergency care, hospital stays, surgeries, and life-support measures, may be included in a claim. These expenses can be overwhelming, especially if the deceased required extensive treatment before passing. Recovering these costs helps relieve financial burdens for the surviving family.
Loss of future earnings and benefits – If the deceased was the primary earner in the household, the family may recover lost wages, retirement benefits, and other financial contributions the decedent would have provided. This compensation helps cover long-term financial stability, particularly for spouses and children. The value of lost future earnings is calculated based on the deceased’s age, profession, and expected career trajectory.
Loss of household services – Families may recover compensation for the value of services the deceased provided, such as childcare, housekeeping, or home maintenance. If the deceased was responsible for providing care to young children or elderly parents, the cost of replacing those services can be significant. This type of damage recognizes the financial and practical impact of losing a loved one who contributed to daily household responsibilities.
Loss of health insurance or other employment benefits – If the deceased provided health insurance or other employment-related benefits for dependents, surviving family members may seek compensation for the loss of those benefits. Losing employer-sponsored health coverage can create additional financial strain, especially if family members must purchase private insurance. Compensation may also cover lost pension plans, stock options, and other employment-related financial benefits.

Non-Economic Damages

Emotional pain and suffering – Surviving family members can seek compensation for the mental anguish caused by the loss of their loved one.
Loss of companionship, guidance, and support – Spouses, children, and parents may be eligible for damages related to the loss of emotional support and parental guidance.
Loss of consortium for spouses – Spouses may recover damages for the loss of affection, intimacy, and companionship following the wrongful death.

Common Causes of Wrongful Death in Columbia, MD

Wrongful death cases arise when negligence, recklessness, or misconduct leads to fatal injuries. Maryland law allows families to seek compensation when preventable deaths occur due to dangerous conditions or careless actions. If a loved one lost their life because of another party’s negligence, the following situations may provide grounds for legal action:

Medical Malpractice – Surgical errors, misdiagnoses, and medication mistakes can lead to preventable fatalities. Maryland law provides specific procedures for filing malpractice-related wrongful death claims, and families must prove that a healthcare provider failed to meet the standard of care. If a doctor’s mistake caused fatal harm, hospitals, physicians, or medical staff may be held responsible for damages.
Motor Vehicle Accidents – Fatal crashes on I-95, U.S. Route 29, MD-32, and local roads often result from distracted driving, reckless speeding, or impaired driving. Collisions involving passenger vehicles, commercial trucks, and motorcycles can cause catastrophic injuries that lead to wrongful death claims. If a driver violates traffic laws or fails to exercise reasonable care, their negligence may make them liable for the loss of life.
Pedestrian and Bicycle Accidents – Fatal collisions involving pedestrians or cyclists are often caused by reckless or distracted drivers who fail to yield or obey traffic signals. Speeding through intersections or failing to check for cyclists in bike lanes can result in severe injuries that lead to wrongful death claims. If a driver was texting, intoxicated, or otherwise negligent, their actions could make them liable for the loss of life.
Workplace and Construction Accidents – Fatal workplace incidents often involve machinery malfunctions, faulty tools that cause electrocution, lack of fall protection gear, or vehicle-related accidents. High-risk industries such as construction and manufacturing frequently see fatal injuries due to safety violations or lack of proper training. If an employer or third-party contractor fails to maintain safe conditions, they may be held liable in a wrongful death lawsuit.
Criminal Acts and Negligent Security – Families may pursue civil wrongful death claims against perpetrators of violent crimes or property owners who failed to provide adequate security. If a property owner ignores security risks, such as broken locks, poor lighting, or lack of surveillance, they may be liable for a fatal assault or robbery. In cases where a violent crime led to death, civil lawsuits can provide compensation separate from criminal prosecutions.

Less-Common Wrongful Death Scenarios in Columbia, Maryland

Wrongful death claims are often associated with motor vehicle accidents or medical malpractice, but many other forms of negligence can lead to fatal injuries. Some cases involve overlooked hazards or reckless behavior that put innocent people at risk. When a preventable death occurs, the responsible party should be held accountable for the harm they caused.

Nursing Home Negligence or Abuse

Elderly residents in nursing homes rely on staff for basic care, medical assistance, and supervision. When nursing home employees fail to provide adequate care, serious injuries, and fatal complications can occur. Falls due to improper monitoring, untreated bedsores, and medication errors are all common causes of wrongful death in nursing homes. If a facility is understaffed or fails to train its employees properly, residents may suffer from neglect or abuse that leads to fatal health conditions.

Nursing home administrators and staff have a legal duty to ensure a safe environment for residents. When that duty of care is breached, and a preventable death occurs, the facility may be held accountable. If a family suspects that negligence or abuse contributed to their loved one’s death, an investigation may uncover violations of federal and state regulations. Documentation, witness statements, and medical records are critical in proving liability and seeking justice for the victim.

Defective Products (Product Liability)

Manufacturers are responsible for ensuring that their products are safe before they reach consumers. When a product is designed poorly, assembled incorrectly, or sold without proper safety warnings, users may be at risk of serious harm. Poorly designed or manufactured auto parts, defective medical devices, and dangerous household appliances can cause fatal injuries, leading to product liability claims.

Product liability cases often involve multiple parties, including manufacturers, distributors, and retailers. If a defective product causes a wrongful death, attorneys work to identify who is responsible and pursue compensation for the family. Proving liability in these cases may require expert testimony, recall records, and product testing reports that demonstrate how the defect caused the fatal injury.

Premises Liability Accidents

Property owners are legally responsible for maintaining safe conditions on their premises. If someone dies due to hazardous conditions, such as unmarked wet floors, unsecured handrails in stairwells, or malfunctioning security systems, the property owner may be held liable. Slip-and-fall accidents, drowning incidents, and fires caused by safety violations are among the most common premises liability claims.

When property owners fail to fix known hazards or provide adequate safety measures, they may be responsible for resulting injuries. In wrongful death cases, families may seek compensation for funeral expenses, costs for medical care, and emotional suffering. Proving negligence often involves reviewing maintenance records, security footage, and safety inspection reports.

Public Transportation or Commercial Vehicle Crashes

Buses, trains, taxis, and rideshare services transport thousands of people daily, but when drivers or operators act carelessly, passengers and pedestrians can suffer fatal injuries. Public transportation accidents may involve reckless driving, distracted operators, or improper maintenance. If negligence contributed to the accident, victims’ families may have grounds for a wrongful death claim against the city or agency that operated the vehicle involved in the incident.

Other Negligence-Based Incidents

Some wrongful death cases do not fit into common categories but still involve preventable harm. Dog attacks, sports-related injuries, and exposure to toxic substances can all lead to fatal injuries under certain circumstances. If a person or entity fails to take reasonable steps to prevent harm, they may be held liable for wrongful death.

Toxic exposure cases often involve dangerous chemicals in the workplace, contaminated water sources, or hazardous building materials. If a company ignores safety regulations or fails to warn employees about dangerous substances, they may be responsible for resulting fatalities. In these cases, families may need expert testimony from medical professionals and environmental specialists to prove the connection between exposure and fatal illness.

How a Columbia Wrongful Death Lawyer Can Help Your Family Find Justice

Pursuing a wrongful death claim requires extensive legal knowledge, strong evidence, and a clear understanding of Maryland’s laws. A wrongful death lawyer in Columbia can help guide families through the legal process, ensuring they have the resources needed to seek justice and compensation. From investigating the accident to negotiating with insurers, an experienced attorney can handle the legal complexities so families can focus on healing.

Each case is unique, and the strategy used will depend on the specific circumstances of the wrongful death. Some cases require extensive litigation, while others may be settled through negotiations with insurance companies. A legal team can assess the strength of the case, identify the responsible parties, and develop a plan to maximize financial recovery.

Explain Your Rights and Legal Options

Maryland law determines who can file a wrongful death claim and what types of damages may be recovered. Spouses, children, and parents typically have the first right to file, while other family members may qualify under specific circumstances. Understanding the available legal options is crucial in determining the best course of action.

An attorney can review the case details and explain what types of compensation may be available. Economic damages, such as lost income and medical expenses, can be calculated based on financial records. Non-economic damages, including pain and suffering, require an in-depth analysis of the emotional impact the death has had on surviving family members.

Handle the Legal Process from Start to Finish

Wrongful death claims involve extensive paperwork, legal filings, and communication with insurance companies. Handling these legal matters while grieving can be overwhelming, which is why legal representation is essential. A wrongful death lawyer can manage every aspect of the case, from filing the initial claim to negotiating with opposing parties.

Insurance companies often attempt to minimize payouts or deny liability altogether. If the insurer disputes the claim, attorneys can present evidence and expert testimony to support the family’s right to compensation. Having legal representation ensures that families are not pressured into accepting unfair settlements.

Prove Liability and Build a Strong Case

Establishing liability in a wrongful death case requires evidence that the responsible party failed to exercise reasonable care. Lawyers gather police reports, medical records, and expert opinions to demonstrate negligence. Witness testimony, surveillance footage, and accident reconstructions may also be used to build a powerful case.

Some cases involve multiple defendants, requiring a detailed investigation into each party’s role in the fatal incident. Whether the case involves a negligent driver, a defective product, or a hazardous work environment, we can determine the best strategy for holding all responsible parties accountable.

Accurately Value Your Claim

The financial impact of a wrongful death can be substantial, particularly if the deceased was the primary income earner. Legal professionals calculate the full scope of damages, including lost future earnings, funeral expenses, and long-term financial support for dependents. Maryland law does not cap economic damages, allowing families to claim the full extent of their financial losses.

Non-economic damages, such as emotional distress and loss of companionship, are also considered in wrongful death claims. Maryland places a cap on these damages, which adjusts annually. Your catastrophic injury lawyer can ensure that families pursue the maximum compensation allowed by law.

Negotiate Settlements or Litigate in Court

Many wrongful death cases settle out of court, but some require litigation to secure fair compensation. If settlement negotiations do not result in a just outcome, attorneys can take the case to trial. In court, a wrongful death lawyer presents evidence, examines witnesses, and argues for the full compensation the family deserves.

Litigation can be complex, but having an attorney with trial experience ensures that families are prepared for every step. Whether through settlement or a court ruling, legal representation provides families with the best chance of achieving justice.

Schedule a Free Consultation with a Columbia, MD Wrongful Death Attorney

When someone else’s negligence takes a life, your family should not have to face the aftermath alone. Your wrongful death attorney in Columbia, MD from Schochor, Staton, Goldberg and Cardea, P.A. will work tirelessly to secure the financial support your family needs to move forward. Contact us at our office today for a free, confidential consultation to discuss your legal options and next steps.