Frederick Wrongful Death Lawyers

No family should have to suffer the loss of a loved one due to another party’s carelessness or wrongdoing. A Frederick wrongful death lawyer with Schochor, Staton, Goldberg and Cardea, P.A. has helped families recover $1+ billion in trial verdicts and insurance settlements, ensuring they receive the compensation they deserve. With a personal injury attorney who understands the challenges ahead, you can take the next step toward holding the responsible party to account for their actions.

Frederick Wrongful Death Laws

Losing a loved one because of someone else’s negligence is devastating, leaving families with intolerable emotional pain and serious financial burdens. Maryland law allows certain family members to pursue a wrongful death claim under Maryland Courts & Judicial Proceedings § 3-904 to hold the responsible party accountable. These claims provide financial relief for funeral costs, medical expenses, and lost income while ensuring that negligent parties are held responsible.

A Frederick wrongful death lawyer can help your family understand the legal process and what compensation may be available in your case. Wrongful death claims involve several key factors, including who can file, what damages can be recovered, and how fault is proven. While no lawsuit can bring back a loved one, taking legal action can provide justice and financial security for the future.

What Constitutes a Wrongful Death Case in Frederick, Maryland?

A wrongful death case arises when another person’s wrongful act, neglect, or default causes a fatal injury. Maryland law defines wrongful death under Maryland Courts & Judicial Proceedings § 3-902, allowing families to seek compensation when a preventable death occurs. These cases often involve negligence, such as reckless driving, medical errors, or workplace safety violations.

To succeed in a wrongful death claim, you must prove that the responsible party’s actions directly caused the death. This requires powerful evidence that they owed a duty of care, breached that duty, and that this breach caused your loved one’s fatal injuries. Medical records, accident reports, and expert testimony are often used to demonstrate negligence and causation. Some of the most common incidents that may warrant legal action include:

Negligent driving – Car crashes caused by reckless behavior, including speeding, distracted driving, and driving under the influence (DUI), frequently result in fatal injuries. If a driver ignored traffic laws and caused a crash, their negligence could be grounds for a wrongful death lawsuit.
Medical malpractice – Fatal errors by doctors, nurses, or hospitals, including surgical mistakes, delayed diagnoses, and prescription errors, can result in legal liability. Proving fault in a case involving medical errors often requires expert testimony from medical professionals.
Workplace accidents – Dangerous work environments, faulty equipment, and OSHA violations often contribute to fatal on-the-job injuries. Families may be eligible to file a claim against third-party contractors, equipment manufacturers, or negligent employers.
Defective products – If a dangerous or defective product causes fatal injuries, the manufacturer or distributor may be held responsible. Product liability claims often involve unsafe auto parts, faulty machinery, or hazardous household goods.

Who Can File a Wrongful Death Lawsuit in Maryland?

Maryland law outlines specific eligibility requirements for filing a wrongful death claim. Only certain family members can pursue compensation, and only one lawsuit may be filed on behalf of all eligible beneficiaries.

Primary beneficiaries – Maryland Courts & Judicial Proceedings § 3-904(a) gives spouses, children, and parents the initial right to file a wrongful death lawsuit. These individuals are presumed to suffer the greatest financial and emotional losses. If a spouse or child is not available, parents may pursue compensation for the loss of their child.
Secondary beneficiaries – If no primary beneficiaries exist, other relatives, such as siblings, grandparents, or extended family members, may file a claim under § 3-904(b). These individuals must prove that they were financially dependent on the deceased to be eligible for compensation.
Survival action – If no family members qualify for a wrongful death claim, a personal representative of the decedent’s estate may file a survival action under Maryland Courts & Judicial Proceedings § 3-901. This type of claim seeks damages for the deceased’s medical expenses, lost wages, and pain and suffering before they passed away.

Common Accidents Leading to Wrongful Death Claims in Frederick

Fatal accidents happen for many reasons, but most wrongful death cases involve negligence, recklessness, or misconduct. When a preventable accident leads to the loss of life, surviving family members may have grounds for a lawsuit.

Motor Vehicle Accidents – Fatal crashes on I-270, U.S. Route 15, and local roads often involve distracted driving, reckless speeding, and impaired drivers. When a negligent driver causes a fatal accident, surviving family members may be able to hold them responsible through a wrongful death claim. In some cases, commercial vehicle operators and their employers may share liability for failing to follow safety regulations.
Medical Malpractice – Patients rely on medical professionals to provide safe and effective treatment. However, surgical errors, misdiagnoses, anesthesia mistakes, and medication overdoses can have fatal consequences. If a doctor or hospital’s negligence resulted in a preventable death, the family may have a medical malpractice wrongful death case.
Workplace and Construction Accidents – Fatal workplace injuries often occur due to falls from elevated heights, malfunctions of heavy equipment, electrocution from faulty tools, or vehicle-related incidents. Families may be able to file a claim against third-party contractors, equipment manufacturers, or companies that fail to provide a safe work environment. In construction accidents, multiple parties may share liability.
Defective Products (Product Liability) – Some fatal injuries occur due to dangerous auto parts, unsafe medical devices, or contaminated consumer goods. If a product was designed or manufactured in a way that made it unsafe, the company responsible may be held liable. These claims often involve product recalls, expert testimony, and in-depth investigations.
Premises Liability Incidents – Fatal injuries may occur on another person’s property due to slip and fall accidents, drowning incidents, or unsafe building conditions. Property owners have a duty to ensure their premises are safe. If hazardous conditions contribute to a wrongful death, surviving family members may pursue legal action against homeowners, business owners, or property managers.

How a Lawyer Investigates These Claims

A thorough investigation is essential to proving liability in a wrongful death case. Attorneys will gather relevant evidence, consult with experts, and analyze reports to build a strong case. The goal is to establish that negligence directly led to the fatal injury and that the responsible party should be held accountable.

Gathering evidence – Attorneys collect accident reports, medical records, and witness statements to establish what happened. Surveillance footage, photographs, and forensic analysis may also support the claim. In some cases, attorneys may subpoena records from negligent companies or employers.
Consulting experts – Medical specialists, accident reconstructionists, and forensic accountants provide crucial testimony in wrongful death cases. These professionals analyze the cause of death, assess liability, and calculate the full financial impact of the loss. Expert opinions can help demonstrate how negligence led to the fatal injury.
Identifying liable parties – Some wrongful death cases involve multiple responsible parties. A negligent driver, an employer who ignored safety regulations, or a manufacturer who released a defective product may all share responsibility. Attorneys examine every factor to ensure that all liable parties are held accountable.

Types of Compensation Available in Frederick Wrongful Death Claims

Wrongful death claims help families recover financial losses and secure compensation for the emotional impact of losing a loved one. Maryland law allows eligible beneficiaries to seek economic and non-economic damages, ensuring that families are not left struggling after a preventable death. Economic damages have no legal cap, while non-economic damages are subject to Maryland’s statutory limits.

Economic Damages (No Legal Cap in Maryland)

Medical expenses, funeral, and burial costs – Families can recover compensation for any medical treatment the decedent received before passing. This includes emergency care, hospital stays, surgeries, and hospice care. Funeral and burial expenses, such as caskets, cremation, and memorial services, may also be included in the claim.
Lost wages and future financial support – If your deceased loved one was the primary earner in the household, the family may claim lost wages and estimated future earnings. This includes lost salary, retirement benefits, and financial contributions the deceased would have made. Compensation is calculated based on the decedent’s profession, work history, and expected career growth.
Loss of household services (childcare, home maintenance) – Many families may have relied on the deceased for household contributions, such as childcare, home repairs, or caregiving for elderly relatives. When these services are lost, the family may seek compensation for the cost of hiring professionals to fill these roles. Courts consider the value of these services based on the decedent’s role in the home.

Non-Economic Damages (Subject to Maryland’s Cap)

Pain and suffering, emotional distress, loss of companionship – Surviving family members can seek compensation for the emotional pain caused by losing a loved one. This includes the loss of guidance for children, the emotional support of a spouse, and the distress of losing a parent. Maryland law recognizes that the impact of wrongful death extends beyond financial loss.
Maryland’s 2024 cap: $950,000 (single beneficiary) / $1.43 million (multiple beneficiaries) – Maryland imposes limits on non-economic damages, which adjust annually. As of October 2024, a single beneficiary can recover up to $950,000 in non-economic damages, while multiple beneficiaries may seek up to 150% of this cap. These limits apply regardless of the nature of the wrongful death case.

How Fault and Negligence Impact Your Case

Maryland follows strict liability rules in wrongful death cases, making it critical to prove that the defendant was fully responsible for the fatal injury. Any finding that the deceased was even partially at fault could bar the family from recovering compensation. Understanding how negligence laws apply can help families build a strong case.

Maryland’s Contributory Negligence Rule

If the deceased is found to be partially at fault in any way, the family cannot recover damages – Maryland is one of the few states that follow a contributory negligence rule according to the Maryland Department of Legislative Services. This means that if the defense can prove the decedent shared any fault for the accident, the case may be dismissed. Insurance companies often use this rule to deny claims or reduce payouts.

Insurers and defense attorneys may argue that the deceased was partially responsible for their injuries. For example, in a car accident case, they may claim the victim was speeding or failed to yield. In medical malpractice claims, they may argue that the deceased failed to follow medical advice.

Proving that the defendant was entirely at fault requires powerful evidence. Accident reconstructions, expert testimony, and detailed analysis of medical records can help establish liability. Attorneys work to refute defense claims and present a compelling case for full compensation.

Statute of Limitations for Wrongful Death Claims in Maryland

Families have a limited time to file a wrongful death lawsuit. Failing to act within this timeframe may result in losing the right to compensation. Maryland law outlines strict deadlines, with some exceptions for unique circumstances.

Standard Filing Deadline

Three years from the date of death – Maryland law requires wrongful death claims to be filed within three years. If the claim is not filed within this window, the family may be unable to recover damages. Courts rarely grant extensions unless specific exceptions apply.

Exceptions to the Standard Deadline

Occupational diseases (such as exposure to asbestos): 3 years from date of discovery, up to 10 years from date of death – Some illnesses, such as mesothelioma, develop over time due to workplace exposure. For these cases, the deadline begins when the cause of death is discovered, not when the death occurs. This allows families of individuals with work-related diseases more time to seek justice.
Missing person cases (rare exception for delayed discovery of death) – In rare situations where a person is missing and later found deceased, the statute of limitations may be extended. If new evidence emerges that proves wrongful death, families may have additional time to file a claim. These cases often involve complex legal considerations.
Consequences of missing the deadline – If a claim is not filed within the required timeframe, the case is barred from court. This means the family cannot recover damages, no matter how strong the evidence of negligence may be. Acting quickly ensures that all necessary documents and evidence are preserved.

Why You Need an Experienced Frederick Wrongful Death Attorney

Navigating a wrongful death case requires legal experience, detailed evidence collection, and a strong understanding of Maryland’s laws. An attorney ensures that families meet legal deadlines, prove negligence, and secure the maximum compensation possible. Without legal representation, families may face challenges from insurance companies and defense attorneys.

Understanding Maryland’s Legal Complexities

Navigating the wrongful death statute, contributory negligence, and damages caps – Maryland’s legal system has strict rules regarding who can file, how fault is determined, and what damages are available. An experienced attorney understands how to apply these laws to your case and fight for fair compensation. Without legal knowledge, families may struggle to present a strong claim.

Thorough Investigation and Case Building

Gathering police reports, medical records, and expert analyses – A wrongful death case requires substantial evidence to establish liability. Attorneys collect accident reports, autopsy records, and financial documents to prove damages. Working with expert witnesses can strengthen the case and provide technical insights.

Maximizing Compensation

Calculating lost future earnings and ensuring full non-economic recovery – An attorney ensures that all potential financial losses are accounted for in a claim. This includes the loss of wages, benefits, and financial contributions the deceased would have provided. Non-economic damages, such as emotional suffering, are also factored into settlement negotiations.

Handling Insurance Companies

Negotiating fair settlements and taking the case to court if necessary – Insurance companies often try to minimize payouts or deny claims entirely. An attorney pushes back against unfair offers and takes the case to trial if necessary. Legal representation increases the likelihood of securing full and fair compensation.

Providing Compassionate Legal Support

Guiding families through a difficult time with powerful legal experience and empathy – Losing a loved one is emotionally and financially overwhelming. An attorney manages the legal complexities so families can focus on healing. With a trusted legal advocate, families can seek justice without added stress.

Contact a Frederick Wrongful Death Lawyer for a Free Consultation

If your family is dealing with the loss of a loved one caused by negligence, legal action may help you recover compensation for medical expenses, lost income, and other financial burdens. Your wrongful death attorney in Frederick from Schochor, Staton, Goldberg and Cardea, P.A. will fight to secure the justice and financial relief your family deserves. Contact our office today for a free, confidential consultation to discuss your case.