A wrongful death claim cannot bring your loved one back, but it can provide a path toward justice and financial relief. Your North Bethesda wrongful death lawyer from Schochor, Staton, Goldberg and Cardea, P.A., established in 1984, has decades of experience fighting for families facing these tragedies. Speak with us today to learn how our firm can help you pursue the compensation and accountability your family deserves.
Understanding Maryland Wrongful Death Laws
Eligibility to File
Maryland law limits who can file a wrongful death claim. Primary beneficiaries, including spouses, children, and parents, have the first right to pursue compensation for their losses. These individuals can seek damages for emotional suffering, loss of companionship, and financial support.
If no primary beneficiaries exist, secondary beneficiaries, such as siblings or financially dependent relatives, may be eligible to file. Maryland law requires that all eligible beneficiaries be included in a single wrongful death lawsuit. Failing to include a known beneficiary could create legal challenges and delay compensation.
Statute of Limitations
Maryland imposes a three-year statute of limitations for filing a wrongful death lawsuit under § 3-904(g) of the Courts & Judicial Proceedings Article. This means that families must file within three years of their loved one’s death or risk losing the right to seek compensation.
An exception applies in occupational disease cases, such as asbestos exposure. In these cases, families may have up to 10 years from the date of death or three years from when the illness was discovered, whichever comes first. Acting promptly helps preserve evidence and ensures the claim is filed within the required timeframe.
Relevant Statutes and Case Law
Maryland’s wrongful death statute provides a legal pathway for families to recover compensation for their losses. Unlike personal injury claims, wrongful death lawsuits focus on the financial and emotional impact on surviving family members.
In Mummert v. Alizadeh, Maryland courts confirmed that wrongful death claims are independent from any injury claim the deceased may have had before their passing. This means families can seek damages even if the deceased had not previously pursued legal action. Understanding how courts treat wrongful death cases is essential for building a strong claim.
Types of Damages in Wrongful Death Claims
Economic Damages
Families may recover financial compensation for medical bills, funeral expenses, lost financial contributions, and loss of inheritance. These damages are designed to replace the income and financial support the deceased would have provided.
Maryland does not cap economic damages, meaning families can seek full reimbursement for these financial losses. Courts consider the deceased’s earning potential, life expectancy, and financial contributions to assess the total amount of compensation.
Non-Economic Damages
Beyond financial losses, families may recover damages for mental anguish, emotional pain and suffering, and loss of companionship and guidance. These damages recognize the emotional impact of losing a loved one.
Maryland law caps non-economic damages, with the limit adjusting annually. As of October 2024, the cap for a single beneficiary is $950,000, and for multiple beneficiaries, the cap increases to 150% of that amount. Understanding these limits is important when assessing the full value of a wrongful death claim.
Survival Action (Separate but Related)
A survival action allows the deceased’s estate to recover damages the victim could have claimed if they had survived. These damages may include pain and suffering before death, medical expenses incurred before passing, and lost wages between the injury and death.
Survival actions are often pursued alongside wrongful death claims to maximize compensation for the family. This ensures that both the financial impact on surviving beneficiaries and the suffering experienced by the deceased are addressed.
Common Causes of Wrongful Death Accidents
Motor Vehicle Accidents
Fatal crashes involving high-speed collisions, drunk driving, distracted driving, and crashes with pedestrians or bicyclists are among the leading causes of wrongful death claims in North Bethesda. Driver negligence is often a contributing factor, making at-fault motorists and their insurers responsible for compensating surviving family members.
Wrongful death lawsuits in fatal motor vehicle accidents often require accident reconstruction, expert testimony, and insurance policy reviews to determine liability. Identifying all responsible parties is crucial in securing full financial recovery for the victim’s family.
Truck and Commercial Vehicle Crashes
Collisions involving large trucks and commercial vehicles frequently lead to catastrophic injuries and fatalities. The sheer size and weight of these vehicles make accidents particularly deadly, especially when they involve smaller passenger cars.
Both truck drivers and trucking companies may share liability. Employers may be responsible for hiring unqualified drivers, failing to enforce rest requirements, or neglecting vehicle maintenance. Investigating commercial vehicle accidents requires examining driver logs, trucking company records, and federal safety compliance.
Medical Malpractice
Physicians, hospitals, and other healthcare providers may be held responsible when negligence leads to a fatal outcome. Common wrongful death claims involving medical malpractice include surgical errors, misdiagnosis, medication mistakes, and failure to provide timely treatment.
Proving medical malpractice requires expert testimony to demonstrate how a healthcare provider’s actions deviated from the accepted standard of care. Maryland law also requires wrongful death claims involving medical negligence to follow special procedures, including filing with the Health Care Alternative Dispute Resolution Office (HCADRO) and submitting a certificate of merit.
Workplace and Construction Accidents
Fatal workplace injuries often occur in the construction, manufacturing, and transportation industries. Common causes of workplace wrongful death claims include falls, equipment failures, and safety violations.
While workers’ compensation provides limited benefits to surviving family members, some cases allow for third-party liability claims. These claims may hold subcontractors, equipment manufacturers, or negligent property owners accountable when their actions contributed to the fatal accident.
Defective Products (Product Liability)
Manufacturers, distributors, and retailers may be liable when automotive defects, unsafe pharmaceuticals, or flawed machinery result in fatal injuries. Defective product claims require expert analysis to prove design flaws, manufacturing defects, or failure to provide adequate warnings.
Product liability claims often involve multiple defendants, including product designers, manufacturers, and retailers. Holding all responsible parties accountable ensures that families receive the maximum compensation available under Maryland law.
Lesser-Known Legal Considerations in Wrongful Death Cases
Contributory Negligence Rule in Maryland
Maryland follows a strict contributory negligence rule, meaning that if the deceased was even 1% at fault, their family may be barred from recovering damages under the Maryland Department of Legislative Services. This is one of the most challenging aspects of wrongful death claims, as insurance companies often try to shift blame to avoid paying compensation.
To overcome contributory negligence defenses, families must present strong evidence, including accident reports, witness statements, and expert testimony. A detailed investigation can help establish full liability on the part of the at-fault party and protect the family’s right to financial recovery.
Insurance Challenges and Settlement Pitfalls
Wrongful death claims often involve complex negotiations with insurance companies that may undervalue or dispute the claim. Insurers may offer settlements far below what families are entitled to or argue that certain damages are not covered.
In cases where multiple defendants share liability, there may be several sources of compensation, including auto insurance, employer liability policies, or product manufacturers. Identifying all possible avenues for financial recovery is critical to ensuring families receive full and fair compensation.
Interaction with Criminal Proceedings
A wrongful death lawsuit is separate from any criminal case that may be brought against the at-fault party. Even if the defendant faces criminal charges, families still have the right to file a civil claim to recover damages for their loss.
Evidence from a criminal investigation, such as police reports, forensic analysis, and witness testimony, can be used to support a wrongful death claim. However, the outcome of a criminal trial does not determine the success of a civil lawsuit, as the burden of proof is lower in civil court.
Venue and Local Court Procedures
Wrongful death lawsuits filed in Montgomery County courts follow specific local procedures that can impact the case’s timeline and outcome. The choice of venue is crucial, as different courts may have varying jury tendencies and case processing speeds.
Having an attorney who understands Montgomery County’s legal system can provide a strategic advantage. Familiarity with local court procedures, judges, and opposing attorneys can improve the likelihood of a successful outcome.
Emotional and Practical Support
The aftermath of a wrongful death is an emotionally devastating time for families. Beyond legal representation, compassionate legal guidance can help families navigate the complex claims process while focusing on healing.
A dedicated wrongful death attorney can handle all legal aspects, manage negotiations, and ensure compliance with filing deadlines. Allowing an experienced legal team to handle the complexities of the case can provide much-needed relief during a difficult time.
Your Wrongful Death Lawyer in North Bethesda Will Advocate for You
Legal action can help your family secure financial stability after a tragic loss. Your wrongful death attorney in North Bethesda with Schochor, Staton, Goldberg and Cardea, P.A. is ready to guide you through the process with compassion and expertise. Complete our contact form or call our office today to schedule a free consultation.