Losing a loved one due to someone else’s negligence is devastating, and the financial impact can be overwhelming. Your Odenton wrongful death lawyer from Schochor, Staton, Goldberg and Cardea, P.A. holds the highest rating afforded by Martindale-Hubbell, reflecting decades of trusted legal advocacy. Let us help your family pursue justice and financial compensation during this difficult time.
Common Causes of Wrongful Death in Odenton, Maryland
Motor Vehicle Accidents
Fatal car, truck, motorcycle, and pedestrian accidents are among the most common causes of wrongful death in Odenton. These crashes often result from reckless or negligent behavior, leaving families devastated and searching for answers. Whether the collision involved a distracted driver, a commercial truck, or a speeding motorist, identifying the responsible party is critical in seeking justice.
Medical Malpractice
Medical errors are one of the most devastating causes of wrongful death. Patients rely on doctors, nurses, and hospitals to provide competent care, but fatal mistakes occur when medical providers fail to meet professional standards. Families may file wrongful death claims for surgical errors, misdiagnoses, anesthesia mistakes, birth injuries, or medication overdoses.
Workplace and Construction Accidents
Workplace accidents can result in fatal injuries, particularly in industries such as construction, manufacturing, and transportation. Many wrongful death cases involve falls from heights, heavy machinery malfunctions, electrocutions, and exposure to hazardous substances. Employers must follow strict safety regulations, but negligence often plays a role when fatal accidents occur.
Criminal Acts and Other Situations
Acts of violence, unsafe premises, and defective products can also result in wrongful death claims. Fatalities caused by assaults, shootings, or negligent security may allow families to pursue legal action against the property owner or responsible individuals. If a business or landlord fails to provide adequate security, they may share liability for the death.
Defective products can also lead to preventable fatalities. Families may seek compensation when automotive defects, dangerous prescription drugs, faulty medical devices, or unsafe household appliances cause fatal injuries. Holding manufacturers accountable not only provides justice for the victim but also helps prevent similar tragedies from occurring in the future.
Proving Liability and Negligence in Maryland Wrongful Death Cases
Contributory Negligence in Maryland
Maryland follows one of the strictest negligence laws in the country. According to the Maryland Department of Legislative Services, contributory negligence applies, meaning if the deceased was even 1% at fault, their family may be barred from recovering compensation. This makes wrongful death claims especially challenging when defendants argue that the victim contributed to the accident.
Who Can Be Held Liable
Multiple parties may be responsible for a wrongful death. Depending on the circumstances, liability may fall on:
- Negligent drivers and trucking companies
- Medical providers, hospitals, and nursing homes
- Property owners responsible for unsafe premises
- Employers or third-party contractors in workplace accidents
- Product manufacturers and distributors
Maryland Wrongful Death Statute Basics
Maryland law allows primary beneficiaries—the spouse, children, or parents of the deceased—to file a wrongful death lawsuit. If no primary beneficiaries exist, secondary beneficiaries, such as siblings or financially dependent relatives, may be eligible to file.
Under Md. Code, Cts. & Jud. Proc. § 3-904, only one wrongful death lawsuit may be filed per case, and all eligible beneficiaries must be included in the claim. Additionally, Maryland law imposes a three-year statute of limitations, meaning families must file their claim within three years from the date of death to remain eligible for compensation.
Types of Damages Available in Odenton Wrongful Death Claims
Economic Damages
Wrongful death claims allow families to recover compensation for financial losses caused by their loved one’s passing. These damages may include medical bills, funeral costs, loss of future earnings, and loss of household services. The purpose of economic damages is to provide financial stability and replace the income and support the deceased would have contributed.
Calculating future earnings requires assessing the victim’s career path, expected raises, and benefits. Courts also consider the value of lost household services, such as childcare or home maintenance. Maryland law ensures that families can seek compensation for these measurable financial losses.
Non-Economic Damages
In addition to financial losses, families may recover non-economic damages for the emotional impact of their loved one’s death. These damages include pain and suffering, mental anguish, and loss of companionship. Spouses, children, and parents often experience profound grief that extends beyond financial burdens.
Survival Actions
A survival action is a separate legal claim brought by the deceased’s estate to recover damages they would have been entitled to had they survived. These claims seek compensation for conscious pain and suffering, medical bills before death, and lost wages between the injury and death. Unlike wrongful death claims, which focus on the family’s losses, survival actions address the victim’s suffering and expenses.
Special Situations and Legal Nuances
Overlap with Criminal Proceedings
A wrongful death lawsuit is separate from any criminal prosecution the at-fault party may face. Even if a negligent driver, doctor, or property owner is charged with a crime, families still have the right to file a civil lawsuit for financial recovery. Criminal cases focus on punishment, while wrongful death claims seek compensation for surviving family members.
Families can pursue a wrongful death claim even if the defendant is not convicted in criminal court. The burden of proof is lower in civil cases, meaning it is possible to hold a negligent party accountable for financial damages even if they avoid criminal penalties.
Government Liability
Wrongful death claims against government entities follow different rules than cases against private individuals or companies. Families must comply with strict notice requirements when suing a government agency. The Maryland Tort Claims Act and Local Government Tort Claims Act impose caps on damages and specific deadlines for filing claims.
Multiple At-Fault Parties
In some cases, more than one party may share responsibility for a wrongful death. Maryland law allows joint and several liability, meaning multiple defendants can be held financially responsible for damages. If one party is unable to pay, the others may be required to cover the full compensation amount.
Other Legal Technicalities
Certain wrongful death cases present unique legal challenges. If the victim survived briefly before passing, the case may involve both a wrongful death claim and a survival action. This allows the estate to seek compensation for the deceased’s pain and suffering before death.
Additionally, Maryland law outlines paternity requirements for wrongful death claims involving children born out of wedlock. Establishing legal parentage may be necessary before a father can file a claim. Addressing these legal complexities early can prevent delays in securing compensation for surviving family members.
Real-World Wrongful Death Case Examples in Maryland
Fatal Truck Accident
A multi-vehicle crash involving a commercial truck resulted in a wrongful death lawsuit against both the driver and their employer. Investigators determined that the truck driver had exceeded federally mandated driving hours, leading to fatigue and impaired judgment. The trucking company was also found liable for failing to enforce safety regulations, making them financially responsible for the victim’s losses.
The victim’s family pursued damages for medical expenses, funeral costs, and lost future earnings. A settlement was reached after extensive negotiations, ensuring the surviving family members received compensation for both financial and emotional losses. Cases like this highlight the importance of holding commercial drivers and their employers accountable for negligence.
Work Crew Highway Accident
A highway accident involving an inmate work detail led to a wrongful death claim against multiple government entities. A distracted driver veered into a highway work zone, striking two crew members, one of whom died from their injuries. The investigation revealed that inadequate signage and barriers failed to protect workers from oncoming traffic.
Because the work crew was part of a government program, the lawsuit involved claims against both the at-fault driver and the public agencies responsible for highway maintenance and worker safety. Under the Maryland Tort Claims Act, damages were capped when suing public entities, limiting the total compensation available to the victim’s family.
Typical Odenton Car Accident
A wrongful death claim arose after a driver ran a red light at an Odenton intersection, causing a fatal T-bone collision. The at-fault driver was uninsured, complicating the recovery process for the victim’s family. Maryland’s uninsured/underinsured motorist (UM/UIM) laws became crucial in securing compensation through the victim’s own insurance policy.
The claim involved multiple sources of compensation, including liability insurance from the at-fault driver, UM/UIM coverage, and potential claims against the municipality for faulty traffic signals. This case underscores the importance of reviewing insurance policies and identifying all possible avenues for financial recovery.
Medical Malpractice Wrongful Death
A patient undergoing routine surgery at a Maryland hospital suffered fatal complications due to an anesthesia error. The wrongful death claim focused on hospital negligence, improper medication dosages, and failure to monitor the patient’s condition. The family pursued damages against both the hospital and the anesthesiologist, arguing that their negligence led directly to the patient’s death.
Medical malpractice claims in Maryland require expert testimony to establish that the provider’s actions deviated from accepted medical standards. Additionally, wrongful death lawsuits involving medical negligence must follow strict procedural steps under Md. Code, Cts. & Jud. Proc. § 3-2A-04, including pre-suit notice and certification from a qualified medical expert.
Your Wrongful Death Lawyer in Odenton Is Here to Help
Wrongful death claims require skilled legal representation to ensure your family’s rights are protected. Your wrongful death attorney in Odenton with Schochor, Staton, Goldberg and Cardea, P.A. is ready to fight for the maximum compensation available under Maryland law. Contact us today by calling our office or submitting our contact form to schedule a free consultation.