The sudden loss of a loved one can leave your family facing emotional and financial hardships. Your Essex wrongful death lawyer from Schochor, Staton, Goldberg and Cardea, P.A., recognized by the Daily Record Reader Rankings as the Best Personal Injury Law Firm and Best Civil Litigation Law Firm in Maryland, is ready to fight for justice on your behalf. Let us help you take legal action against those responsible.

Definition of Wrongful Death in Essex

A wrongful death occurs when another party’s negligence, recklessness, or intentional actions cause a fatal injury. Under Maryland law, if the deceased could have pursued a personal injury claim had they survived, their family may have the right to file a wrongful death lawsuit under Md. Code, Cts. & Jud. Proc. § 3-904.

Wrongful death claims allow surviving family members to seek compensation for financial losses and emotional suffering. These claims ensure that negligent drivers, healthcare providers, property owners, or businesses are held accountable for preventable deaths.

Who Can File a Wrongful Death Claim

A wrongful death lawsuit is typically filed by the executor or administrator of the deceased’s estate. This individual is responsible for initiating legal action and ensuring that compensation is distributed according to Maryland law.

Hierarchy of Beneficiaries

The law prioritizes specific family members when determining who is eligible to recover damages. Beneficiaries include:

  • Spouse – May seek compensation for financial and emotional losses.
  • Children – Eligible for financial support and loss of parental guidance.
  • Parents – Can file if the deceased had no spouse or children.
  • Siblings – May be eligible if financially dependent on the deceased.
  • Extended family members – Must prove financial reliance on the deceased.

Maryland law requires all eligible beneficiaries to be included in a single wrongful death claim. Failing to identify and include all potential claimants can lead to disputes over compensation.

Leading Causes of Wrongful Death in Essex

Wrongful death claims arise when negligence, recklessness, or misconduct leads to a preventable fatality. In Essex, these claims often stem from vehicle collisions, medical errors, hazardous workplaces, and unsafe premises. Each case requires a thorough investigation to determine liability and establish legal grounds for compensation.

Fatal Traffic Accidents

Roadway fatalities remain one of the leading causes of wrongful death in Essex. These accidents frequently involve:

  • Speeding and reckless driving
  • Drunk or drug-impaired drivers
  • Distracted driving, including texting behind the wheel
  • Pedestrian and cyclist collisions at busy intersections
  • Commercial truck crashes due to driver fatigue or improper cargo loading

Medical Malpractice and Fatal Healthcare Errors

Patients trust hospitals, doctors, and nurses to provide safe medical care, but errors can result in avoidable fatalities. Wrongful death claims due to medical negligence often involve:

  • Misdiagnosis or delayed diagnosis of life-threatening conditions
  • Surgical errors that result in fatal complications
  • Anesthesia mistakes leading to fatal outcomes
  • Failure to provide necessary emergency treatment
  • Medication overdoses or incorrect prescriptions

Workplace and Industrial Fatalities

Workers in construction, manufacturing, and transportation face daily hazards that can lead to catastrophic injuries and death. Common fatal workplace accidents include:

  • Falls from scaffolding, ladders, or rooftops
  • Machinery malfunctions and equipment failures
  • Toxic chemical exposure and respiratory illnesses
  • Electrocution due to unsafe wiring or improper safety gear
  • Explosions or fires in industrial settings

Defective Products and Consumer Hazards

Manufacturers have a responsibility to design, produce, and distribute safe products. Defective consumer goods, medical devices, or auto parts can lead to deadly consequences. Fatal product liability claims often involve:

  • Faulty brakes, airbag failures, and tire defects
  • Dangerous prescription drugs with undisclosed side effects
  • Unsafe medical implants or surgical tools
  • Household appliances with fire or electrocution risks
  • Children’s toys containing toxic materials or choking hazards

Premises Liability and Unsafe Property Conditions

Property owners must maintain safe conditions for visitors and tenants. Negligence in commercial buildings, rental properties, and public spaces can lead to fatal injuries. Common premises liability wrongful death cases include:

  • Slip and fall incidents on hazardous walkways
  • Drownings in pools without proper barriers
  • Carbon monoxide poisoning due to faulty ventilation
  • Fatal injuries from structural collapses
  • Assaults due to inadequate security measures

Criminal Acts and Fatal Negligence

Violence and criminal negligence can result in wrongful death lawsuits, even if a criminal case is pending. Families may file a civil claim for damages in cases involving:

  • Fatal shootings or stabbings
  • Assaults due to negligent security
  • DUI-related deaths caused by intoxicated drivers
  • Firearm accidents stemming from improper handling or unsecured weapons

Civil wrongful death claims can hold businesses, property owners, and individuals accountable for failing to prevent foreseeable harm. While a criminal trial focuses on punishment, a wrongful death lawsuit provides families with financial relief for their loss.

Essex Wrongful Death Laws and Statute of Limitations

Maryland law allows surviving family members to file a wrongful death claim when a loved one’s death results from negligence, recklessness, or intentional misconduct. Eligible beneficiaries may pursue compensation for financial and emotional losses.

Families generally have three years from the date of death to file a wrongful death lawsuit, per § 3-904(g) of the Courts & Judicial Proceedings Article. Some exceptions apply, such as occupational disease cases, which allow up to 10 years from the date of death or three years from the discovery of the illness. Claims against government entities must follow specific notice requirements, which may include filing a formal claim within 90 days of the incident.

Damages Available in Essex Wrongful Death Claims

Surviving family members may recover compensation for both financial and emotional losses. Common wrongful death damages include:

  • Medical expenses incurred before death
  • Funeral and burial costs
  • Loss of income and financial support
  • Loss of household services
  • Loss of companionship, love, and parental guidance
  • Emotional distress suffered by surviving family members
  • Pain and suffering experienced by the deceased before passing
  • Out-of-pocket expenses related to the fatal injury

How Wrongful Death Claims Interact with Criminal Cases

Wrongful death lawsuits are civil claims, while criminal cases focus on punishing the responsible party for their actions. Families can pursue compensation through a wrongful death lawsuit even if no criminal charges are filed.

A criminal conviction is not required for a wrongful death lawsuit to succeed. Civil cases have a lower burden of proof, meaning families may recover damages even if the defendant is not found guilty in a criminal trial. Evidence from a criminal investigation, such as police reports and forensic analysis, may help strengthen the wrongful death claim.

Timing considerations are also important. Families should not delay filing a civil lawsuit while waiting for a criminal case to conclude, as wrongful death claims must still comply with Maryland’s statute of limitations.

Potential Defenses in Wrongful Death Cases

Defendants in wrongful death cases often use legal defenses to avoid liability. These defenses may attempt to shift blame, question the evidence, or challenge the lawsuit’s validity:

  • Comparative negligence – Arguing that the deceased contributed to the accident.
  • Disputing liability – Claiming the defendant was not responsible for the fatality.
  • Challenging causation – Asserting that other factors led to the death.
  • Statute of limitations – Defending on the basis that the claim was not filed within the legal deadline.
  • Lack of standing – Questioning whether the plaintiff has the legal right to sue.
  • Immunity issues – Government entities or certain organizations may have limited liability.
  • Pre-existing conditions – Arguing that prior health issues contributed to the death.
  • Insufficient evidence – Disputing the proof presented to establish negligence.
  • Waivers or contractual agreements – Claiming the deceased assumed the risk of injury.

Defendants and insurance companies use these tactics to limit or deny compensation to grieving families. Strong legal representation is essential to countering these arguments and securing financial recovery.

Why You Need an Essex Wrongful Death Lawyer

Wrongful death claims require extensive legal knowledge, investigation, and negotiation skills. An experienced attorney provides strategic representation to ensure that families recover the full compensation they are entitled to receive. A wrongful death lawyer assists with:

  • Case evaluation and legal guidance 
  • Conducting a thorough investigation 
  • Handling insurance negotiations 
  • Managing court filings and deadlines 
  • Maximizing financial recovery 
  • Litigating wrongful death claims 
  • Local knowledge of Essex County courts 
  • Providing compassionate legal support 

Essex County Wrongful Death Case Examples

Wrongful death cases in Essex County stem from traffic accidents, workplace incidents, medical malpractice, and violent crimes. Recent statistics show that motor vehicle collisions remain a leading cause of fatal injuries in the area, with distracted driving and impaired driving contributing to many preventable deaths. High-profile wrongful death settlements could involve:

  • Truck accidents caused by driver fatigue.
  • Medical malpractice resulting in fatal misdiagnoses.
  • Workplace deaths due to safety violations.
  • Defective product claims involving unsafe pharmaceuticals.
  • Fatal assaults in apartment complexes with inadequate security.

Wrongful death lawsuits hold negligent parties accountable while promoting improved safety regulations in Essex County. Successful claims provide families with financial relief and help prevent similar tragedies in the future.

Your Wrongful Death Lawyer in Essex Is Ready to Assist

Wrongful death cases require swift action to protect your family’s right to compensation. Your wrongful death attorney in Essex with Schochor, Staton, Goldberg and Cardea, P.A. will guide you through the process and fight for maximum recovery. Reach out to us today by calling our office or filling out our contact form to schedule your free consultation.