A wrongful death claim allows your family to seek justice when a loved one’s life is cut short due to negligence or misconduct. Your Hagerstown wrongful death lawyer from Schochor, Staton, Goldberg and Cardea, P.A. has been fighting for families’ rights since 1984, holding negligent parties accountable across Maryland. Speak with us today to learn how you can pursue the financial recovery your family deserves.
Top Causes of Fatal Injuries in Hagerstown
Motor Vehicle Accidents
Car Accidents
Hagerstown’s high-volume traffic corridors see frequent serious collisions caused by speeding, distracted driving, and reckless maneuvers. With multiple highways and major roadways running through the area, the risk of fatal crashes remains high.
Truck Accidents
Hagerstown serves as a major transportation hub, increasing the number of commercial trucks on local highways. These large vehicles pose a significant risk to smaller passenger cars, especially when drivers are fatigued, trucks are improperly maintained, or cargo is unsecured.
Motorcycle Accidents
Motorcyclists face a higher risk of fatal injuries when involved in crashes. Their lack of protection makes them particularly vulnerable in collisions with larger vehicles, roadway hazards, or inattentive drivers. Common causes of fatal motorcycle accidents include failure to yield, distracted driving, and aggressive lane changes.
Pedestrian and Bicycle Accidents
Pedestrian and bicycle fatalities have been rising in recent years, particularly in areas with heavy traffic and inadequate pedestrian infrastructure. Many of these deaths occur due to driver negligence, failure to yield, or distracted driving.
Workplace and On-the-Job Accidents
Construction and Industrial Incidents
Construction workers and industrial employees face daily risks of serious and fatal accidents. Common causes of workplace fatalities in these industries include falls from heights, heavy machinery malfunctions, and electrical hazards.
Industrial and Manufacturing Hazards
Factory and warehouse workers face exposure to dangerous equipment, hazardous chemicals, and unsafe working conditions. Fatal incidents often result from forklift accidents, machinery malfunctions, or explosions caused by improper handling of volatile materials.
Hazardous Exposure
Toxic exposure in the workplace can lead to long-term illnesses or sudden fatal reactions. Common workplace hazards include asbestos exposure, chemical spills, and prolonged contact with carcinogenic substances.
Workplace Falls
Falls remain one of the leading causes of workplace fatalities in Maryland, particularly in construction, warehouse, and industrial settings. Improper safety harnesses, unstable scaffolding, or unmarked hazards can lead to devastating injuries.
Medical Malpractice
Surgical Errors
Errors during surgery can result in devastating consequences. Mistakes such as wrong-site surgery, anesthesia complications, and uncontrolled bleeding can lead to fatal injuries. In Hagerstown, Meritus Medical Center has received mixed safety grades, raising concerns about patient safety and hospital error rates. When surgical mistakes occur, families may have grounds for a wrongful death claim against the hospital or the medical team responsible.
Misdiagnosis or Delayed Diagnosis
Failing to diagnose a serious medical condition can be fatal. Misdiagnosis and delayed diagnosis are among the most common causes of medical malpractice wrongful death claims. When doctors fail to recognize heart attacks, strokes, infections, or cancer, treatment delays can cost a patient their life. Proving negligence in these cases often requires expert testimony and a thorough review of medical records.
Medication and Pharmacy Errors
Mistakes involving prescription medications can have fatal consequences. Patients may receive the wrong drug, incorrect dosage, or dangerous drug interactions that cause life-threatening complications.
Nursing Home Negligence
Elderly residents in nursing homes and assisted living facilities rely on staff for proper care. Neglect and abuse can result in wrongful death claims when facilities fail to provide adequate supervision and medical attention.
Fatal consequences often stem from untreated bedsores, malnutrition, dehydration, medication mismanagement, and failure to monitor health conditions. Nursing homes can be held liable if staff negligence, understaffing, or inadequate training leads to a resident’s death.
Defective Products
Automotive Defects
Vehicle defects contribute to fatal crashes every year. Common automotive defects include faulty brakes, defective airbags, tire blowouts, and engine malfunctions. Manufacturers may be held responsible under product liability laws if a defect directly leads to a fatal accident. Investigating these claims requires vehicle recalls, crash reports, and expert inspections.
Dangerous Consumer Goods
Defective household products can pose deadly risks to consumers. Wrongful death claims often involve fire hazards, unsafe children’s products, and household appliances with electrical malfunctions.
Medical Devices and Pharmaceuticals
Faulty medical implants, defective pacemakers, and mislabeled medications can cause serious harm. Patients rely on these devices and drugs for their health, but design flaws or contamination can result in life-threatening complications.
Premises Liability Incidents
Slip-and-Fall Fatalities
Even minor falls can result in fatal head trauma, spinal injuries, or internal bleeding. Slippery floors, uneven walkways, or unmarked hazards can pose significant dangers, particularly for elderly individuals.
Drowning and Swimming Pool Accidents
Swimming pools require proper safety measures, such as fencing, posted warnings, and trained lifeguards. Inadequate supervision or maintenance can lead to fatal drownings, particularly among children.
Negligent Security (Violent Crime on Property)
Property owners have a duty to provide reasonable security measures to protect guests and residents from foreseeable crimes. Failure to provide adequate lighting, security cameras, functional locks, or trained security personnel can make a business or apartment complex liable for a fatal assault.
Criminal Acts and Fatal Negligence
Drunk Driving (DUI) Fatalities
DUI-related deaths are both criminal and civil matters in Maryland. While the at-fault driver may face criminal charges for vehicular manslaughter, families can still file a wrongful death lawsuit to seek financial compensation.
Maryland does not have a dram shop law, meaning bars and restaurants generally cannot be held liable for overserving alcohol. However, in cases where a commercial driver or an employer allowed an intoxicated worker to drive, additional parties may share liability.
Homicides Stemming from Negligence
Involuntary manslaughter cases often involve firearm mishandling, workplace negligence, or reckless driving. If an individual’s carelessness or disregard for safety results in a fatality, the victim’s family may have a legal claim.
Violent Crimes Enabled by Negligence
Some fatal assaults occur because of inadequate security, unlit parking lots, or lack of property maintenance. If a business, apartment complex, or event venue ignored prior crime reports or failed to implement proper security, they may be held liable for a victim’s death.
Other Notable Accidents
Farming and Rural Incidents
Washington County’s mix of urban and rural areas presents unique dangers, especially in agriculture-related wrongful death cases. Common fatal farming accidents include:
- Tractor rollovers
- Heavy equipment malfunctions
- Exposure to toxic pesticides
- Grain silo entrapments
- Electrical hazards from machinery
- Farm vehicle crashes on rural roads
- Livestock-related injuries
- Defective farming tools or products
- Falls from elevated farm structures
Fires and Explosions
Fires caused by faulty wiring, defective appliances, or landlord negligence can result in fatal smoke inhalation or burn injuries. Maryland law allows wrongful death claims when landlords, property managers, or manufacturers fail to prevent fire hazards or provide adequate safety measures.
Recreational Accidents
Fatal accidents can occur during boating, hunting, or all-terrain vehicle (ATV) use. Many wrongful death cases involve operator negligence, defective equipment, or unsafe recreational facilities.
Maryland Wrongful Death Laws
Eligible Family Members
Maryland law, under Md. Code, Cts. & Jud. Proc. § 3-904, grants primary beneficiaries the right to file a wrongful death claim. These include:
- Spouses
- Children
- Parents
- Adopted children
- Stepchildren financially dependent on the deceased
- Legal guardians of minor children
- Parents of stillborn infants (under certain circumstances)
- Domestic partners in legally recognized relationships
- Other dependents in some cases
If no primary beneficiaries exist, secondary beneficiaries may be eligible to file. These individuals must prove financial dependence on the deceased at the time of death.
Statute of Limitations
Maryland law requires that wrongful death claims be filed within three years from the date of death under § 3-904(g) of the Courts & Judicial Proceedings Article. Missing this deadline generally results in forfeiting the right to seek compensation.
For occupational disease deaths, families may have up to 10 years from the date of death or three years from when the illness was discovered, whichever is sooner. Even if a criminal case is pending, it is critical to file a wrongful death claim promptly to preserve evidence and secure compensation.
Damages Caps
Maryland caps non-economic damages in wrongful death cases. These damages include:
- Pain and suffering
- Emotional distress of surviving family members
- Loss of companionship
- Loss of parental guidance for minor children
- Loss of consortium for spouses
- Psychological trauma caused by witnessing the fatal event
- Emotional impact of the sudden loss
The cap on non-economic damages adjusts annually, and multiple beneficiaries may increase the total available amount. However, economic damages remain uncapped, allowing families to recover full compensation for financial losses such as medical bills, lost wages, and funeral expenses.
Venue and Local Jury Trends
Wrongful death claims in Hagerstown are generally filed in Washington County courts. Local jury tendencies can impact case outcomes, making venue selection a key strategic decision.
Recent years have shown a shift toward fairer compensation in Washington County, with juries recognizing the financial and emotional toll of wrongful death cases. Familiarity with local courts, judges, and opposing counsel provides an advantage in securing full and fair compensation for grieving families.
Your Wrongful Death Lawyer in Hagerstown Is Here to Help
Maryland’s wrongful death laws present unique challenges, making experienced legal representation essential. Your wrongful death attorney in Hagerstown with Schochor, Staton, Goldberg and Cardea, P.A. will handle the complexities of your case while you focus on healing. Call today or submit our contact form to schedule your free consultation.