Glen Burnie Wrongful Death Lawyers

When a loved one’s life is taken due to negligence, families are left searching for answers. A Glen Burnie wrongful death lawyer with Schochor, Staton, Goldberg and Cardea, P.A. is available 24/7 when you need us most, ensuring that your case receives the attention it deserves. With a personal injury attorney ready to take immediate action, you can begin the process of holding the at-fault party accountable for the loss you and your family have suffered.

Understanding Wrongful Death Claims in Glen Burnie

Losing a loved one due to another party’s reckless behavior or negligence is devastating, leaving families with emotional grief and financial uncertainty. Maryland law allows surviving family members to pursue a wrongful death claim under Maryland Courts & Judicial Proceedings § 3-904. If your loved one’s death was caused by another party’s intentional or careless actions, you may be entitled to compensation for your loss.

A wrongful death claim is different from a criminal case. Unlike criminal proceedings, which focus on punishing the defendant, a wrongful death lawsuit is a civil claim that seeks financial relief for the deceased’s family. This type of claim helps cover funeral and burial costs, lost financial support, and emotional damages suffered by surviving family members.

Who Can File a Wrongful Death Claim in Maryland?

Maryland law determines who can file a wrongful death lawsuit and how compensation is distributed. Only certain family members are eligible, and all claimants must be included in a single lawsuit, as required by the official statute. Here are the eligible parties that may pursue legal action for the loss of their beloved family member:

Primary beneficiaries: Spouse, children, parents – If you are the spouse, child, or parent of the deceased, you have the first right to file a wrongful death claim. You may seek compensation for financial losses, emotional suffering, and loss of companionship.
Secondary beneficiaries: Relatives who were financially dependent – If there are no primary beneficiaries, siblings, grandparents, or other financially dependent relatives may be eligible to file. To qualify for filing a wrongful death claim, they must prove their financial reliance on the deceased at the time of death.
The “one lawsuit” rule: All beneficiaries must be included in one claim – Maryland law allows only one wrongful death claim per case, meaning all eligible family members must be included in a single lawsuit. This ensures fair distribution of compensation among those affected by the loss, which can be problematic in cases involving large families.

Common Causes of Wrongful Death in Glen Burnie

Wrongful deaths occur in many ways, often due to preventable accidents. If your loved one’s death resulted from negligence, you may have legal grounds to seek compensation. Some of the most common incidents that result in a wrongful death may include:

Motor Vehicle Accidents

Car crashes, motorcycle accidents, and pedestrian fatalities – High-traffic roads in Glen Burnie contribute to serious accidents. Negligent driving, including speeding and reckless behavior, often leads to fatal crashes. If a driver’s negligence caused your loved one’s death, they may be held accountable.
Locations (e.g., Crain Highway, I-97) and negligent driving behavior – Busy roadways such as Crain Highway and I-97 see frequent collisions due to the high number of vehicles that travel along these roads. Drivers who ignore traffic laws, drive while distracted, or fail to yield to pedestrians can cause deadly accidents. Wrongful death claims in motor vehicle cases often involve proving reckless or impaired driving.

Medical Malpractice

Fatal medical errors (surgical mistakes, misdiagnosis, medication errors) – Medical professionals have a legal duty to provide proper care. When doctors misdiagnose conditions, prescribe incorrect medications, or make surgical errors, the results can be fatal. Families may seek compensation under Maryland’s medical malpractice laws.

Workplace and Industrial Accidents

Construction site accidents, industrial accidents, and exposure to toxic substances – Some workplaces are inherently dangerous, but employers are required to follow safety regulations. Falls from scaffolding, electrocution from damaged or malfunctioning tools, and exposure to hazardous chemicals can lead to fatal injuries. If an employer or third-party contractor fails to maintain a safe work environment, a wrongful death claim may be filed to compensate surviving family members for their financial losses and emotional damages.

Defective Products

Faulty car parts, unsafe children’s products, and defective appliances – Manufacturers are responsible for ensuring their products are safe to use. If a defective product causes your loved one’s death, you may be able to hold the manufacturer, distributor, or retailer accountable. Product liability claims help prevent future harm by addressing dangerous product defects.

Premises Liability Accidents

Injuries from slips and falls, drowning accidents, and inadequate security – Property owners have a duty to maintain safe conditions for consumers and lawful visitors. If a business or homeowner fails to fix a known hazard, they may be responsible for a fatal injury. Slip-and-fall accidents, drowning incidents, and inadequate security leading to violent crimes may all result in wrongful death claims.

Criminal Acts and Other Negligence

Homicides, nursing home abuse, fatal dog attacks, and boating accidents – Some wrongful death cases involve intentional acts or extreme negligence. Violent crimes, nursing home neglect, or fatal animal attacks may all result in civil wrongful death lawsuits. These claims allow families to seek justice outside of criminal court.

Types of Damages Available in a Wrongful Death Claim

Wrongful death claims provide financial relief for families who have lost a loved one. Maryland law allows compensation for both economic and non-economic damages. In rare cases involving gross negligence or intentional malice, punitive damages may also apply.

Economic Damages

Medical bills, funeral expenses, loss of income, and future support – If your loved one received medical treatment before passing, those expenses can be recovered. You may also seek compensation for funeral costs, lost wages, and the financial support your loved one would have provided. Courts consider the deceased’s earning potential when calculating damages.

Non-Economic Damages

Mental anguish, loss of companionship, and loss of guidance – The emotional toll of losing a loved one is significant. You may recover damages for grief, loss of emotional support, and loss of parental guidance if the deceased was a parent. Maryland law caps non-economic damages, which adjust annually.

Proving Negligence and Liability in a Wrongful Death Case

To recover compensation, you must prove that another party’s negligence directly caused the fatal injury. Maryland law requires strong evidence to establish fault and demonstrate the full impact of the loss.

Elements of Negligence

Duty of care, breach of duty, causation, and damages – Every wrongful death case must prove these four key elements. The defendant must have had a duty to act responsibly, failed to uphold that duty, and caused the death as a result. The family must also show how the loss has affected them financially and emotionally.
How to establish these elements with evidence – Accident reports, medical records, and expert testimony help prove negligence. A lawyer can gather surveillance footage, witness statements, and forensic analysis to strengthen your case. The stronger the evidence, the more likely your claim will succeed.

Defenses and Challenges

Contributory negligence and assumption of risk – Maryland follows a strict contributory negligence rule under Maryland Courts & Judicial Proceedings § 3-904(c), meaning if the deceased was even 1% at fault, the family may be barred from recovering compensation. Insurance companies often try to shift blame, making it critical to prove that the defendant was entirely responsible.
Other possible defenses raised by the defendant – The defense may argue that the victim assumed the risk of injury or that another party was at fault. A skilled wrongful death lawyer can counter these arguments by presenting strong evidence that supports your case. Expert testimony and accident reconstruction reports are often used to dispute these defenses.

Statute of Limitations and Other Important Maryland Laws

Filing a wrongful death claim comes with strict deadlines and legal requirements. Maryland law sets a clear time limit for these cases, and missing the deadline could prevent your family from recovering compensation. Understanding these rules ensures your case is filed correctly and within the required timeframe.

Time Limit to File (Statute of Limitations)

3 years from the date of death (with specific exceptions) – Maryland law requires wrongful death claims to be filed within three years of the date of death. If this deadline passes, you may lose the right to seek compensation, regardless of how strong your case is. Certain exceptions may extend the filing period in specific circumstances.
Exceptions for occupational diseases and delayed discovery – Some wrongful deaths result from long-term exposure to hazardous substances, such as asbestos. If an occupational disease caused the death, families may have up to 10 years to file a claim or three years from the date they discovered the cause of death. Speaking with a wrongful death lawyer can help determine whether an exception applies.

One Lawsuit Rule

All eligible family members must file one collective lawsuit – Maryland law requires that all eligible beneficiaries be included in a single wrongful death lawsuit. This prevents multiple lawsuits from being filed for the same death, ensuring compensation is fairly distributed. Families should work together to file a single claim rather than attempting to pursue individual lawsuits.
Failure to include all eligible beneficiaries can complicate claims – If an eligible family member is not included in the lawsuit, they may be prevented from recovering compensation later. A wrongful death lawyer ensures that all potential claimants are identified and included in the case. Failing to follow this rule can lead to legal disputes and delays.

Notice Requirements for Claims Against Government Entities

Special notice deadlines for claims involving government employees or agencies – If a wrongful death involves a government agency or employee, you must follow specific notice requirements before filing a lawsuit. For example, if a fatal accident involved a state-operated vehicle or medical negligence at a public hospital, you may need to provide written notice within six months. These deadlines are much shorter than the standard three-year statute of limitations.
Failure to comply with notice requirements can bar your claim – Missing the deadline to notify the government entity could prevent you from seeking compensation. Filing a claim against a government agency requires legal precision, and an experienced attorney can ensure the process is handled correctly. The notice must include details about the claim, the responsible party, and the damages being sought.

Maryland’s Cap on Damages

Explanation of the non-economic damages cap and updates for each year – Maryland law limits 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. This cap is adjusted annually to account for inflation.
No cap on economic damages – There is no limit on compensation for financial losses, such as lost income and medical expenses. This means you can recover the full amount of financial support your loved one would have provided. Courts consider the deceased’s earning potential, work history, and future contributions when calculating economic damages.

Contributory Negligence Doctrine

Maryland follows a strict contributory negligence rule under Maryland Courts & Judicial Proceedings § 3-904(c). If the deceased was found even 1% at fault for the accident, the family may be barred from recovering compensation. This is one of the strictest negligence laws in the country.

Defendants and insurers often use this rule to deny claims – Insurance companies frequently argue that the deceased shared responsibility for the accident to avoid paying damages. Because even minimal fault can result in claim denial, proving that the defendant was entirely responsible is critical. An attorney can build a strong case to prevent the defense from shifting blame.

Why Hiring an Experienced Glen Burnie Wrongful Death Lawyer Matters

Navigating a wrongful death claim without legal guidance can be difficult. An attorney ensures that your case is handled correctly, meets legal deadlines, and is supported by strong evidence. From investigating the accident to negotiating with insurance companies, legal representation makes a significant difference in the outcome of your case.

Knowledge of Maryland Law

Understanding specific wrongful death rules in Maryland – Wrongful death claims must follow Maryland’s statutes, deadlines, and liability rules. An attorney ensures that your claim is filed correctly and includes all eligible beneficiaries. Missing a legal requirement could result in a dismissed case.
Avoiding legal pitfalls with the help of a seasoned attorney – Insurance companies and defendants may use legal loopholes to avoid paying compensation. An experienced wrongful death lawyer knows how to counter these tactics and protect your family’s rights. Without legal representation, you may face unnecessary obstacles in securing fair compensation.

Investigation and Building a Strong Case

Preserving evidence, consulting experts, and strengthening your case – Proving negligence in a wrongful death case requires powerful evidence. Your lawyer will gather police reports, accident scene photos, medical records, and expert testimony to support your claim. Early investigation helps preserve critical evidence before it is lost.

Dealing with Insurance Companies and Defense Lawyers

Navigating insurance companies and avoiding quick, low settlement offers – Insurance companies often offer settlements that do not fully cover the family’s financial and emotional losses. A wrongful death lawyer can negotiate aggressively to ensure you receive the maximum compensation possible. Accepting an early settlement without legal advice could leave your family without the financial support it needs.
Holding defendants accountable for wrongful actions – Defense attorneys may try to shift blame or argue that the deceased contributed to the accident. An attorney pushes back against these tactics, using evidence and expert testimony to prove liability. Without legal representation, families risk being taken advantage of during settlement discussions.

Maximizing Compensation

Calculating damages accurately, including future earnings and loss of guidance – Courts consider lost income, benefits, and the deceased’s financial contributions when determining compensation. An attorney ensures that your claim accounts for all current and future financial losses. Failing to include long-term damages could result in a lower settlement than you deserve.
Exploring additional recovery avenues (e.g., life insurance, workers’ comp) – In some cases, families may be entitled to compensation beyond a wrongful death lawsuit. If the deceased had life insurance, workers’ compensation benefits, or other financial protections, your attorney can help you access these funds. Identifying all available sources of recovery ensures that your family receives the full support available.

Emotional Support and Guidance

Compassionate assistance during a challenging time – Losing a loved one is emotionally devastating, and legal proceedings can feel overwhelming. A wrongful death lawyer provides guidance and reassurance, handling the legal complexities so you can focus on healing. Having an advocate by your side allows you to navigate the claims process with confidence.

Local Experience in Glen Burnie

Experience with local judicial processes and personnel – An attorney with experience handling wrongful death cases in Glen Burnie understands local court procedures, judges, and common defense tactics used by insurers. This local knowledge can provide an advantage when negotiating settlements or presenting your case in court.

Schedule a Free Consultation for Compassionate Legal Help

Your family deserves justice after a wrongful death, and legal action can help secure financial stability in the aftermath of your loss. Your wrongful death attorney in Glen Burnie from Schochor, Staton, Goldberg and Cardea, P.A. will investigate your case, gather critical evidence, and pursue the compensation your family needs. Contact our office today for a free consultation to discuss your legal options and protect your rights.