The only thing that beats experience is more experience—especially when it comes to fighting for justice in wrongful death claims. Your Olney wrongful death lawyer from Schochor, Staton, Goldberg and Cardea, P.A. brings decades of proven results to families seeking accountability in Montgomery County. Let us help you understand your legal options and fight for the compensation your family deserves.

Who Can File and Deadlines

Eligible Beneficiaries

Maryland law allows specific family members to file a wrongful death lawsuit. The law prioritizes primary beneficiaries, which include:

  • Spouses
  • Parents
  • Children

If no primary beneficiaries exist, secondary beneficiaries may file a claim. These individuals must prove financial dependence on the deceased to be eligible. Maryland only allows one wrongful death lawsuit per victim, meaning all eligible beneficiaries must be included in a single legal action.

Statute of Limitations

Maryland imposes a three-year deadline for filing a wrongful death lawsuit under § 3-904(g) of the Courts & Judicial Proceedings Article. Families must take legal action within this timeframe, or they risk losing the ability to seek compensation.

Certain exceptions extend the filing period. Occupational diseases, such as mesothelioma from asbestos exposure, may allow claims to be filed up to 10 years after the date of death or three years from the discovery of the illness. In homicide cases where the responsible party’s identity was concealed, families may also qualify for an extended deadline. Acting quickly ensures evidence is preserved and legal rights are protected.

Available Damages Under Maryland Law

Economic Damages

Wrongful death claims allow families to recover compensation for financial losses resulting from their loved one’s passing. These damages may include:

  • Medical bills incurred before death
  • Funeral and burial expenses
  • Loss of financial support and wages
  • Loss of pension or retirement benefits
  • Cost of household services previously provided by the deceased

Non-Economic Damages

Maryland also allows families to seek compensation for emotional suffering caused by the loss of a loved one. These damages account for the intangible impact of wrongful death and may include:

  • Emotional anguish
  • Loss of companionship
  • Loss of parental guidance
  • Loss of spousal support
  • Psychological trauma

Separate Cap Considerations for Survival Actions

A survival action differs from a wrongful death claim because it seeks compensation for the pain and suffering the deceased experienced before death. While wrongful death damages compensate surviving family members, survival damages compensate the estate of the deceased.

Maryland’s cap on non-economic damages applies separately to survival actions, meaning families may recover additional compensation for the suffering endured by the deceased before passing. Pursuing both claims ensures that all financial and personal losses are accounted for.

Notable Maryland Case Law

Wadsworth v. Sharma (2022)

Wadsworth v. Sharma addressed Maryland’s rejection of the “loss of chance” doctrine in wrongful death cases. The court ruled that wrongful death claims must prove direct causation—meaning the defendant’s negligence must have clearly led to the victim’s death.

This decision limits claims where a doctor’s negligence may have reduced a patient’s survival chances but did not definitively cause their death. Families must demonstrate that without the defendant’s actions, the victim would not have died.

Spangler v. McQuitty (2016)

In Spangler v. McQuitty, the Maryland Court of Appeals reaffirmed that wrongful death claims are separate from personal injury claims. The ruling stated that even if a personal injury judgment had already been reached, surviving family members still had the right to file a wrongful death lawsuit.

This decision ensured that families are not restricted by settlements or verdicts obtained before death. A wrongful death claim provides compensation specifically for the impact of the loss on the surviving family members, making it distinct from any compensation the deceased may have received before passing.

Mummert v. Alizadeh (2013)

In Mummert v. Alizadeh, the Maryland Court of Appeals ruled that wrongful death claims are independent of the decedent’s personal injury claims. This means that even if the deceased had a pending personal injury lawsuit before passing, surviving family members may still file a separate wrongful death lawsuit.

This case clarified that a wrongful death claim compensates the surviving family members, not the deceased’s estate. Even if the deceased had previously settled a claim, family members can still pursue damages for their own financial and emotional losses.

Kandel v. White (1979)

In Kandel v. White, the Maryland Court of Appeals ruled that wrongful death claims involving unborn children require proof of fetal viability. The court determined that families can only pursue a wrongful death claim if the fetus was capable of survival outside the womb at the time of death. This ruling established that Maryland law does not recognize wrongful death claims for non-viable fetuses. Families pursuing such claims must provide medical evidence demonstrating fetal viability at the time of the fatal incident.

Filing a Wrongful Death Lawsuit in Montgomery County

Choosing the Proper Court

Wrongful death lawsuits in Montgomery County are generally filed in Circuit Court, located in Rockville, Maryland. This court handles cases with higher monetary values, making it the appropriate venue for significant wrongful death claims.

Circuit Court procedures involve formal legal filings, evidence discovery, and potential jury trials. A wrongful death lawyer ensures that all legal steps are followed correctly to avoid delays or case dismissals.

Initiating the Lawsuit (Complaint)

A wrongful death lawsuit begins with filing a complaint, which must include:

  • A list of all eligible beneficiaries
  • A description of the wrongful death claim
  • The damages sought by surviving family members

Service of Process & Defendant’s Response

After the complaint is filed, the defendant must be served with legal documents. They then have a specific deadline to respond by either:

  • Filing an answer to contest the claims
  • Filing a motion to dismiss the lawsuit

Pre-Trial Proceedings and Discovery

Wrongful death lawsuits in Montgomery County follow the Differentiated Case Management (DCM) system, which sets a timeline for resolving cases efficiently. The discovery phase allows both sides to exchange evidence, including:

  • Depositions and witness testimony
  • Medical and accident reports
  • Financial records and expert opinions
  • Surveillance footage or police reports

Medical Malpractice Wrongful Death

Wrongful death cases based on medical malpractice require additional legal steps. Before filing in court, claims must first be submitted to the Health Care Alternative Dispute Resolution Office (HCADRO).

Common Legal Challenges for Wrongful Death Plaintiffs

Standing and Beneficiary Disputes

Wrongful death claims must include all eligible beneficiaries in a single lawsuit. Primary beneficiaries, including spouses, children, and parents, have the first right to file. If no primary beneficiaries exist, secondary beneficiaries, such as siblings or financially dependent relatives, may file a claim. Disputes often arise when family members disagree on how compensation should be distributed.

Notice Requirements for Government Defendants

Wrongful death claims against government entities have strict notice deadlines under the Local Government Tort Claims Act (LGTCA) and Maryland Tort Claims Act (MTCA). Families must:

  • File a formal notice within one year for local government claims.
  • Submit claims to the State Treasurer’s Office within the statutory period for state-level cases.
  • Meet damage caps for government liability cases.

Causation Proof

Maryland requires families to prove direct causation between the defendant’s actions and the victim’s death. Courts do not recognize “loss-of-chance” claims, meaning a reduced survival probability due to negligence is not grounds for recovery.

Unique Aspects of Maryland Wrongful Death Law

Direct Family Lawsuits vs. Estate-Only Suits

Maryland allows two separate legal actions following a wrongful death. Families may file a wrongful death lawsuit for their own losses, while the estate may pursue a survival action to recover compensation for medical expenses, lost wages, and pain and suffering before death.

Pure Contributory Negligence

Unlike most states that follow comparative fault rules, Maryland’s contributory negligence standard means that any fault assigned to the victim can prevent financial recovery. This strict rule makes proving full liability on the defendant essential.

Independent Nature of the Wrongful Death Action

A wrongful death lawsuit is not affected by whether the deceased had a personal injury claim at the time of death. The claim belongs to the surviving family members, not the victim. Even if the deceased had settled a personal injury lawsuit, the family could still pursue a wrongful death case.

Statutory Damage Cap Nuances

Maryland’s non-economic damages cap increases annually and applies separately to survival actions and wrongful death claims. Courts calculate damages based on the number of beneficiaries involved.

Fetal Wrongful Death (Viability Requirement)

Maryland law recognizes wrongful death claims for unborn children, but only if the fetus was viable at the time of injury. This means families cannot file a claim for a non-viable fetus, even if medical negligence or an accident caused the loss.

No Recovery for “Loss of Chance”

Some states allow families to seek partial damages when a negligent act reduces a person’s survival chances. Maryland courts reject this doctrine, meaning families must prove that negligence directly caused the death, not just a worsened medical outcome.

Your Wrongful Death Lawyer in Olney Can Help You Take Legal Action

Maryland’s wrongful death laws can be complex, but you do not have to face this process alone. Your wrongful death attorney in Olney with Schochor, Staton, Goldberg and Cardea, P.A. is ready to fight for your family’s financial security and justice. Call today or fill out our contact form to set up a free consultation.