Losing a loved one due to someone else’s negligent actions can create emotional and financial hardships that feel impossible to overcome. A Gaithersburg wrongful death lawyer with Schochor, Staton, Goldberg and Cardea, P.A. has recovered more than $1 billion for our clients, helping families seek justice for their losses. With a personal injury attorney who understands the complexities of wrongful death claims, you can take the first step toward financial recovery.
Understanding Wrongful Death Laws in Gaithersburg, Maryland
If you lost a loved one because of someone else’s negligence, you may have the right to pursue a wrongful death claim. Maryland law allows families to seek financial compensation when a preventable death occurs due to reckless or careless actions. Holding the responsible party accountable can help provide justice and financial stability for your family’s future.
A wrongful death claim is separate from any criminal charges the at-fault party may face. Unlike criminal cases, which focus on punishment, a wrongful death lawsuit is about securing financial relief for surviving family members. To succeed, you must prove that negligence caused the fatal injury, meeting Maryland’s legal standard of preponderance of the evidence, meaning it was more likely than not that the defendant’s actions caused the death.
What is a Wrongful Death Claim?
Maryland law defines wrongful death as a fatal injury caused by a wrongful act, neglect, or default that would have allowed the deceased to file a personal injury lawsuit if they had survived. Under Maryland Courts & Judicial Proceedings § 3-901 et seq., you may be eligible to file a wrongful death claim if you lost a family member due to someone else’s reckless or negligent behavior.
A wrongful death claim allows you to seek compensation for funeral expenses, lost financial support, medical bills, and emotional suffering. Whether the fatal injury resulted from a car accident, medical malpractice, or a workplace incident, proving negligence is essential to recovering damages.
Who Can File a Wrongful Death Claim?
Maryland law limits who can file a wrongful death claim. If you are an eligible family member, such as a primary or secondary beneficiary, you must file your claim within the legal deadline to preserve your right to compensation.
Wrongful Death vs. Survival Action
- Wrongful death claim: Compensation for your losses – This type of claim provides financial relief for surviving family members. You may be entitled to recover damages for funeral expenses, lost financial support, and emotional suffering. The goal is to compensate your family for the hardships caused by the loss.
- Survival action: Compensation for what your loved one endured – A survival action allows the estate to recover damages for the deceased’s medical expenses, lost wages, and pain and suffering before their death. This claim is filed by the deceased’s estate representative.
Proving Negligence in a Wrongful Death Case
To recover compensation, you must prove that another party’s negligence caused your loved one’s death. Maryland law requires strong evidence to establish fault and demonstrate the full impact of the loss.
Elements of Negligence
- Duty of care: The defendant’s responsibility to act safely – The responsible party must have had an obligation to follow safety rules. Drivers must obey traffic laws, doctors must provide proper medical treatment, and businesses must keep their premises safe.
- Breach of duty: Proving the defendant failed to act responsibly – If the at-fault party ignored safety rules or acted recklessly, they may be considered negligent. Examples include a driver texting behind the wheel, a doctor misdiagnosing a life-threatening condition, or an employer failing to provide proper safety equipment and training.
- Causation: Proving the connection between negligence and the death – You must show that the defendant’s actions directly caused your loved one’s fatal injury. Accident reconstructions, medical records, and expert testimony can help prove causation.
- Damages: Demonstrating the financial and emotional impact of the loss – Your family may be entitled to compensation for medical expenses, lost income, and emotional suffering. Maryland courts consider both economic and non-economic losses when awarding damages.
Common Accidents Leading to Wrongful Death Claims
If your loved one’s death was preventable, you may have a valid claim. Many wrongful death cases in Gaithersburg result from negligence in motor vehicle accidents, medical malpractice, or workplace injuries.
Motor Vehicle Accidents
Fatal crashes involving cars, trucks, and motorcycles frequently occur in high-traffic areas such as I-270 and MD-355. These accidents often involve distracted driving, speeding, or reckless maneuvers.
Medical Malpractice
Healthcare providers must follow strict medical standards. If a doctor fails to diagnose a life-threatening condition or administers the wrong treatment, they may be held responsible. Medical malpractice cases require expert testimony from a licensed healthcare provider to prove negligence. Our wrongful death lawyers can help navigate these legal requirements.
Workplace and Construction Accidents
Workers in high-risk industries face dangers such as falls, equipment failures, and toxic exposure. Employers have a duty to maintain safe conditions and follow workplace safety regulations.
If your loved one was killed due to faulty equipment, unsafe work environments, or negligence by a third party, you may be able to file a wrongful death lawsuit beyond workers’ compensation.
Damages Available in Gaithersburg Wrongful Death Claims
Losing a loved one due to negligence leaves families dealing with financial and emotional hardship. Maryland law allows eligible family members to seek compensation for both economic and non-economic damages in a wrongful death claim. These damages help cover financial losses, emotional suffering, and, in rare cases, punitive damages when extreme negligence is involved.
Economic Damages
If your loved one was a financial provider, their lost income could impact your family’s stability. You may recover compensation for lost wages, future earnings, and financial contributions they would have made. Funeral costs, medical expenses from the fatal injury, and other out-of-pocket costs may also be included in your claim.
Your loved one may have provided essential support, such as childcare, home repairs, or elder care. Losing these contributions can create additional expenses, forcing families to hire outside help. A wrongful death claim allows you to seek compensation for these lost services.
Non-Economic Damages
Losing a spouse, parent, or child is emotionally devastating. Families may recover compensation for their loss of companionship, love, and parental guidance. Courts consider the relationship between the deceased and the claimant when awarding these damages.
Maryland law places a cap on non-economic damages in wrongful death cases. As of October 2024, the cap is $950,000 for a single beneficiary and $1.43 million for multiple beneficiaries. These limits adjust annually to reflect economic changes.
Survival Action Damages
If your loved one suffered before passing, their estate may recover damages for their pain and suffering. This may include medical bills, lost wages, and the emotional distress they endured before their death. These damages are separate from those awarded to surviving family members.
Many families pursue both a wrongful death claim and a survival action together. This ensures that compensation is recovered for both the deceased’s suffering and the family’s financial losses. An attorney can help determine which claims apply to your situation.
Statute of Limitations for Wrongful Death in Maryland
Maryland law limits the time families have to file a wrongful death claim. Failing to act within this timeframe may prevent you from recovering any compensation.
General Time Limit
If you plan to file a claim, you must do so within three years. If this deadline passes, the case may be dismissed, and you could lose the right to seek damages. Acting quickly allows your lawyer to gather strong evidence.
Exceptions
Some wrongful death cases involve long-term exposure to harmful substances. If your loved one’s death resulted from workplace exposure, such as mesothelioma caused by asbestos, you may have up to 10 years to file. These cases require expert testimony to establish the link between exposure and death.
In rare cases, families may not immediately realize that negligence caused their loved one’s death. If new evidence emerges, such as a delayed medical diagnosis or undisclosed corporate misconduct, the statute of limitations may be extended. An attorney can help determine whether an exception applies to your case.
How a Gaithersburg Wrongful Death Lawyer Can Help Your Family
Filing a wrongful death claim can feel overwhelming, especially while you are grieving. An attorney can handle the legal complexities, ensuring that your case is properly prepared and your rights are protected. From gathering evidence to negotiating with insurers, legal representation increases your chances of securing fair compensation.
Investigation and Evidence Gathering
Building a strong wrongful death claim requires a detailed investigation. Your lawyer will collect police reports, medical documentation, and witness statements to establish liability. Expert testimony may also be necessary to prove negligence.
Handling Insurance Companies and Negotiations
Insurance companies often attempt to minimize payouts by offering low settlements. Your lawyer will negotiate aggressively to secure the maximum compensation available. Without legal representation, you may be pressured into accepting less than you deserve.
Litigation and Representation in Court
If a fair settlement cannot be reached, your case may go to trial. Your lawyer will present evidence, question witnesses, and argue for full compensation in court. Having a strong legal advocate can make a significant difference in the outcome of your case.
Schedule a Free Consultation with a Gaithersburg Wrongful Death Attorney Now
A wrongful death claim can provide financial support for medical expenses, lost income, and funeral costs. Your wrongful death attorney in Gaithersburg from Schochor, Staton, Goldberg and Cardea, P.A. will fight for the justice your family deserves. Contact our office today for a free consultation to learn more about your legal rights and which options may be available to you.