Losing a loved one due to negligence is a devastating experience, leaving your family with emotional grief and unexpected financial burdens. Your Dundalk wrongful death lawyer from Schochor, Staton, Goldberg and Cardea, P.A. is here to help, offering 24/7 availability when you need us most. Speak with our team today to learn how you can seek compensation and hold the responsible party accountable.

Overview of Wrongful Death Claims in Maryland

A wrongful death claim allows your family to seek justice when another party’s negligence, recklessness, or intentional misconduct leads to a fatal loss. Maryland law recognizes the financial and emotional hardship that wrongful death can cause, giving surviving family members the right to hold the at-fault party accountable.

Unlike standard personal injury claims, wrongful death lawsuits are filed on behalf of surviving family members rather than the deceased’s estate. The goal is to secure financial compensation for the loss of companionship, lost income, medical expenses, and other damages. Maryland law sets clear guidelines on who can file and what damages may be pursued under Md. Code, Cts. & Jud. Proc. § 3-904.

What Qualifies as a Wrongful Death Case?

Maryland law defines wrongful death as a fatality caused by another party’s negligent, reckless, or intentional act. If your loved one could have filed a personal injury lawsuit had they survived, you may have a valid wrongful death claim. Some of the most common grounds for a wrongful death lawsuit include:

  • Motor vehicle accidents 
  • Medical malpractice 
  • Intentional harm 

Who Can File a Wrongful Death Claim in Maryland?

Maryland law limits who can bring a wrongful death claim, prioritizing immediate family members first. These individuals are known as primary beneficiaries and include:

  • Spouse – The surviving spouse may seek compensation for lost companionship, financial support, and emotional suffering.
  • Children – Minor and adult children can file for the loss of parental guidance and financial stability.
  • Parents – If a deceased child had no spouse or children, parents may be eligible to file.

If no primary beneficiaries exist, secondary beneficiaries such as siblings or financially dependent relatives may be eligible to pursue a claim. Only one wrongful death lawsuit may be filed per victim, making it essential to confirm eligibility before proceeding. Our firm is ready to review your case and help your family take the next steps.

Key Maryland Wrongful Death Laws

Statute of Limitations

Maryland law gives you three years from the date of your loved one’s death to file a wrongful death claim under § 3-904(g) of the Courts & Judicial Proceedings Article. Missing this deadline can prevent your family from recovering compensation, no matter how strong your case may be. Acting quickly allows for a thorough investigation while evidence is still available.

Filing as soon as possible is essential to preserving your right to sue. Delays can lead to lost witness testimony, missing records, and other challenges that weaken your claim. Our attorneys are prepared to assess your case and help you take legal action before time runs out.

Contributory Negligence Rules

Maryland follows a strict contributory negligence rule, which means that if your loved one was even 1% at fault, your family may be barred from recovering damages. This standard is harsher than most states and is often used by insurance companies to deny claims.

Defendants may attempt to shift blame, arguing that the victim contributed to the accident. Strong legal representation is critical to pushing back against these tactics and proving that another party was fully responsible for your loved one’s death. Our attorneys have the experience to challenge these defenses and protect your family’s rights.

Common Causes of Wrongful Death Cases

Motor Vehicle Accidents

Traffic crashes are one of the leading causes of wrongful death claims in Maryland. Some of the most common causes of fatal car accident injuries include:

  • Distracted driving 
  • Impaired driving 
  • Speeding 
  • Failure to yield 
  • Commercial vehicle crashes 

Negligent drivers, trucking companies, and rideshare services may be held liable when their actions cause fatal collisions. Our firm will investigate the circumstances of the crash to determine who is responsible.

Workplace Accidents

Fatal work injuries often occur in construction, manufacturing, and transportation jobs. Fatal work accident injuries are often caused by:

  • Unsafe conditions 
  • Lack of training 
  • Defective equipment 
  • Falls from heights 
  • Vehicle-related accidents 
  • Electrocution 

Medical Malpractice

When doctors or hospitals fail to provide proper care, fatal injuries can occur. Some of the most common causes of fatal medical malpractice injuries include:

  • Surgical mistakes 
  • Misdiagnosis 
  • Birth injuries 
  • Medication errors 
  • Failure to monitor

Healthcare providers are held to a strict standard of care, and wrongful death claims must be supported by expert testimony. Our firm works with medical professionals to establish where the negligence occurred and how it led to your loved one’s passing.

Premises Liability Incidents

Property owners are responsible for maintaining safe conditions to prevent fatal accidents. Fatal premises liability injuries are often caused by:

  • Slips and falls 
  • Fire hazards 
  • Carbon monoxide poisoning 
  • Swimming pool accidents 
  • Negligent security 

Businesses and property owners who fail to correct safety hazards may be held accountable for a wrongful death claim. We will investigate whether negligent property management contributed to your loved one’s passing.

Defective Products

Manufacturers must ensure their products are safe before they reach consumers. Fatal injuries caused by defective products often involve:

  • Automotive defects – Faulty brakes, airbag failures, and tire blowouts can cause deadly crashes.
  • Dangerous medications – Prescription drugs with undisclosed risks may lead to fatal reactions.
  • Unsafe medical devices – Faulty implants or surgical tools can cause fatal complications.
  • Household hazards – Defective appliances, children’s toys, and power tools may cause deadly injuries.
  • Contaminated food – Bacterial outbreaks in processed foods can lead to fatal illnesses.
  • Exploding electronics – Batteries and other components can cause fatal fires or burns.

Companies that put profits ahead of consumer safety must be held responsible. If a defective product caused your loved one’s death, our firm can seek justice for your family.

Types of Compensation Available

Economic Damages

Maryland law allows families to recover compensation for financial losses resulting from a wrongful death. These damages include:

  • Medical bills
  • Funeral and burial expenses
  • Lost income and financial support
  • Loss of household services
  • Future earnings the deceased would have provided

Non-Economic Damages

The emotional toll of losing a loved one cannot be measured in dollars, but Maryland law allows families to seek non-economic damages. These include:

  • Emotional distress
  • Mental anguish
  • Loss of companionship
  • Loss of parental guidance
  • Loss of consortium for surviving spouses

Maryland places a cap on non-economic damages in wrongful death claims. The limit adjusts annually, and the amount may vary depending on the number of beneficiaries involved.

Proving Negligence and Liability in Maryland Wrongful Death Cases

Duty of Care

To hold someone legally responsible for wrongful death, you must prove they owed a duty of care to the deceased. This duty depends on the relationship between the parties, such as:

  • Drivers must follow traffic laws and drive safely.
  • Doctors must provide competent medical treatment.
  • Property owners must maintain safe premises for visitors.

Breach of Duty

A wrongful death claim requires evidence that the responsible party breached their duty of care. Examples of breaches include:

  • Running a red light or driving under the influence.
  • Misdiagnosing a serious illness or delaying critical treatment.
  • Failing to repair hazardous property conditions.

Causation

There must be a direct link between the breach of duty and your loved one’s death. This often requires expert testimony from:

  • Accident reconstruction specialists
  • Medical professionals
  • Industry experts in workplace safety

Damages

The final element of a wrongful death claim is demonstrating the impact on surviving family members. Recoverable damages include:

  • Medical expenses
  • Funeral and burial costs
  • Lost income and financial support
  • Pain and suffering experienced by the deceased before passing

How an Experienced Dundalk Wrongful Death Lawyer Can Help

Investigation & Evidence Gathering

Building a strong wrongful death case requires extensive evidence. Our firm will collect:

  • Police reports
  • Medical records
  • Witness statements
  • Expert opinions
  • Surveillance footage or accident reconstruction reports

Dealing with Insurance Companies

Insurance adjusters often attempt to minimize payouts or shift blame. Our firm protects your claim by:

  • Negotiating fair settlement offers
  • Challenging lowball compensation amounts
  • Countering any attempts to assign fault to the deceased
  • Presenting expert testimony to support your claim

Representation in Court (Litigation)

If settlement negotiations fail, our attorneys are prepared to take your case to trial. Litigation involves:

  • Filing court documents and presenting evidence
  • Examining witnesses and expert testimony
  • Arguing for full and fair compensation before a judge or jury

Compassionate Guidance & Support

Wrongful death cases are emotionally and financially difficult, but legal representation can ease some of the burdens. Our firm works on a contingency fee basis, meaning you do not pay unless we recover compensation. Families deserve an advocate who treats them with respect, provides clear guidance, and fights for justice on their behalf.

Your Wrongful Death Lawyer in Dundalk Is Ready to Help

Wrongful death cases require skilled legal representation to secure the financial recovery your family deserves. Your wrongful death attorney in Dundalk with Schochor, Staton, Goldberg and Cardea, P.A. will fight for your rights and ensure your claim is filed within Maryland’s strict deadlines. Fill out our online contact form or call today to schedule a free consultation and discuss your case in detail.