Germantown Wrongful Death Lawyers

The loss of a loved one due to negligence can be devastating, leaving your family with unanswered questions and financial burdens. A Germantown wrongful death lawyer with Schochor, Staton, Goldberg and Cardea, P.A. is available 24 hours a day, seven days a week, when you need us most, ensuring your case gets the attention it deserves. With a compassionate and experienced personal injury attorney on your side, you can take legal action to pursue accountability and justice for your deceased loved one.

Understanding Wrongful Death Laws in Germantown

Losing a loved one because of someone else’s negligence is a devastating experience. You may be left with medical bills, funeral expenses, and emotional suffering while trying to process your loss. Maryland law allows you to file a wrongful death claim to hold the responsible party accountable and recover financial compensation.

A Germantown wrongful death lawyer can guide you through this process, ensuring your rights are protected while helping your family seek justice. Under Maryland Courts & Judicial Proceedings § 3-904, certain family members have the right to file a claim for damages, including loss of financial support and emotional pain. While no amount of compensation can replace a loved one, filing a wrongful death lawsuit can help ease the financial burden left behind.

What Is a Wrongful Death Claim?

A wrongful death claim allows family members to seek compensation when someone’s negligence, recklessness, or intentional act results in a fatal injury. Under Maryland law, wrongful death occurs when a person or entity fails to exercise reasonable care, leading to a preventable death. These claims often involve car crashes, medical negligence, workplace hazards, or defective products.

Unlike criminal cases, which focus on punishing the alleged perpetrator, a wrongful death lawsuit is a civil claim. This means that even if the responsible party is not criminally charged, you may still pursue financial compensation through a wrongful death case. A separate legal action, known as a survival action under Maryland Courts & Judicial Proceedings § 3-901, may also be filed to seek damages for the pain and suffering your loved one experienced before their death.

Maryland’s Statute of Limitations

Maryland law places strict deadlines on wrongful death claims. You generally have three years from the date of death to file a claim, as outlined in Maryland Courts & Judicial Proceedings § 3-904(g). Missing this deadline could result in losing your right to compensation.

Certain exceptions may extend the filing period. If your loved one’s death was caused by an occupational disease, such as mesothelioma, you may have up to 10 years from the date of death or three years from when the disease was discovered. Additionally, if the responsible party concealed evidence or evaded authorities, the statute of limitations may be extended.

Common Types of Wrongful Death Cases in Germantown

Wrongful death claims arise in various situations where negligence or misconduct leads to a fatal injury. If someone else’s actions caused your loved one’s death, you may have grounds for a lawsuit.

Criminal Acts and Negligent Security
Defective Products and Dangerous Premises
Medical Malpractice and Hospital Negligence
Motor Vehicle Accidents
Workplace and Construction Accidents

Who Can Be Held Liable in a Wrongful Death Claim?

Wrongful death cases often involve multiple responsible parties. Identifying all liable parties ensures your claim seeks full compensation for your losses.

Negligent drivers and their employers – If a commercial vehicle driver caused a fatal crash, the trucking company may also be liable for failing to enforce safety regulations or maintain their fleet properly.
Hospitals and medical professionals – If a doctor or hospital fails to meet the standard of care, they may be held accountable under Maryland’s medical malpractice laws. These claims often involve surgical errors, delayed diagnoses, improper treatment, and other medical errors.
Employers and third-party contractors – Workplace fatalities may result from unsafe working conditions or defective equipment. If a third-party contractor was involved, they may share liability.
Product manufacturers – If a defective product causes a fatal injury, the manufacturer may be held liable. This applies to auto parts, medical devices, household products, and industrial equipment.
Property owners – If a fatal injury occurs due to unsafe property conditions, the owner may be responsible. Examples include slip-and-fall accidents, fires, or violent crimes caused by inadequate security.

Burden of Proof in Wrongful Death Cases

To succeed in a wrongful death claim, you must prove that the defendant’s negligence directly caused your loved one’s death. Maryland law requires strong evidence to establish fault.

Duty of care – The defendant must have had a legal obligation to act responsibly. For example, drivers must follow traffic laws, and property owners must maintain safe conditions.
Breach of duty – The responsible party must have failed in their obligation. This could involve reckless driving, medical malpractice, or ignoring safety hazards.
Causation – There must be a direct link between the defendant’s actions and the death. Medical records, accident reports, and expert testimony can help prove causation.
Damages – The last key point of establishing negligence is showing how the defendant breached their duty of care, causing measurable damages to the plaintiff.

Understanding Wrongful Death Laws in Germantown

Losing a loved one due to negligence is devastating, leaving families with emotional grief and financial uncertainty. Maryland law allows certain family members to file a wrongful death claim under Maryland Courts & Judicial Proceedings § 3-904, holding the responsible party financially accountable. This legal action can help cover medical bills, funeral expenses, and the loss of financial support.

A Germantown wrongful death lawyer can guide your family through the legal process, ensuring your rights are protected. Under Maryland Courts & Judicial Proceedings § 3-901, wrongful death claims differ from survival actions, which allow the estate to recover damages for the deceased’s pain and suffering before death. While no amount of money can replace a loved one, compensation can help a family heal and grieve for their loss rather than being burdened by their loss of financial support.

Types of Compensation Available in a Maryland Wrongful Death Claim

Wrongful death claims allow families to recover both financial and emotional damages. Maryland law recognizes economic, non-economic, and, in rare cases, punitive damages, as outlined in § 3-904. These damages aim to provide financial security to the deceased’s dependents.

Economic Damages

Medical bills from the final injury or illness – Any medical expenses incurred before death, including emergency care, hospital stays, or surgeries, may be included in the claim. Under Maryland Courts & Judicial Proceedings § 3-904(d), these costs are recoverable by the surviving family members. If the deceased required extensive treatment before passing, these expenses can be significant.
Funeral and burial costs – Families may seek compensation for the costs of a funeral, cremation, burial plot, and memorial services. Maryland law recognizes funeral expenses as part of economic damages, ensuring that families are not financially burdened. These costs can be claimed as part of a wrongful death lawsuit.
Lost income and financial support the deceased would have provided – If the deceased was the primary income earner, surviving family members can recover lost wages and future earnings. Maryland law does not cap economic damages, allowing families to seek full compensation for lost income and benefits. Financial support calculations are based on the deceased’s earnings, age, and potential career trajectory.

Non-Economic Damages

Pain and suffering experienced by surviving family members – Maryland allows families to seek damages for the emotional trauma of losing a loved one. Under § 3-904(e), surviving spouses, children, and parents can claim compensation for grief, depression, and mental anguish. These damages acknowledge the emotional toll caused by the wrongful death.
Loss of companionship, guidance, and consortium – Spouses may recover damages for the loss of marital companionship, while children may seek compensation for the loss of parental guidance. Maryland law ensures that families can be compensated for the irreplaceable emotional support their loved ones provided. These damages help address the long-term impact of the loss.
Emotional distress and mental anguish – Families grieving a wrongful death may suffer severe emotional trauma that impacts their well-being. Maryland law provides non-economic damages to account for the mental and emotional effects of losing a loved one. While no financial amount can make up for the loss, these damages recognize the hardship caused by the death.

Maryland’s Damage Caps

Maryland law places a cap on non-economic damages in wrongful death cases. As of 2024, the cap for a single beneficiary is $950,000, as stated in Maryland Courts & Judicial Proceedings § 11-108. If multiple beneficiaries file a claim, the cap increases to 150% of the single-beneficiary limit, meaning families may be eligible for up to approximately $1.4 million in non-economic damages.

Unlike non-economic damages, there is no cap on economic damages. Families can recover the full financial losses caused by the wrongful death, including medical bills, lost wages, and funeral expenses. Punitive damages are rarely awarded in Maryland and are only granted in cases involving intentional harm or gross negligence.

Why You Need an Experienced Germantown Wrongful Death Lawyer

Wrongful death claims involve complex legal requirements and deadlines. Maryland law strictly enforces a three-year statute of limitations under § 3-904(g), meaning families must file their claim within three years of the date of death. Missing this deadline could prevent your family from recovering compensation.

Legal Knowledge & Case Strategy

Wrongful death cases require a thorough understanding of Maryland law, court procedures, and evidentiary standards. An attorney ensures that your case complies with § 3-904 and presents a strong legal argument backed by substantial evidence. Without legal guidance, families may struggle to navigate these complex legal requirements.

Investigating & Proving Liability

Proving wrongful death requires gathering evidence that demonstrates negligence. Attorneys collect accident reports, medical records, and expert testimony to build a strong case. Under Maryland law, wrongful death claims must establish four key elements: duty of care, breach of duty, causation, and damages. We do this by gathering powerful supporting evidence, including:

Police reports – These reports provide official documentation of the fatal incident and help establish liability.
Medical records – Hospital records and autopsy reports can confirm the cause of death and link it to negligence.
Expert testimony – Medical specialists, accident reconstructionists, and economists may testify to support the claim.

Handling Insurance & Negotiations

Insurance companies often try to minimize payouts or deny claims entirely. A wrongful death lawyer negotiates with insurers to secure a fair settlement, ensuring that families are not pressured into accepting a low offer. If an insurance company refuses to pay what is owed, legal action may be necessary.

Insurance adjusters – These representatives work to protect the company’s bottom line and may undervalue claims.
Settlement negotiations – An attorney pushes for full compensation based on the severity of the loss and the damages sustained.
Litigation – If the insurer refuses to pay a fair amount, taking the case to trial may be necessary.

Reducing Stress & Allowing You to Focus on Healing

Dealing with legal matters while grieving can feel overwhelming. A wrongful death attorney handles every aspect of the case, from gathering evidence to filing legal documents so that families can focus on their emotional recovery. By handling the legal burden, an attorney ensures that families have the time and space to mourn their loss.

Contact a Germantown Wrongful Death Attorney Today for a Free Consultation

Your family deserves answers, and legal action can help you seek justice against the party responsible for your loved one’s passing. Your wrongful death attorney in Germantown from Schochor, Staton, Goldberg and Cardea, P.A. is committed to guiding you through this process with compassion and skill. Contact our office today to schedule your free consultation to learn more about your legal options.