The emotional toll of losing a loved one due to negligence is immeasurable, but taking legal action can help your family move forward. Your Potomac wrongful death lawyer from Schochor, Staton, Goldberg and Cardea, P.A. is recognized nationally and regionally with over 90 awards and honors for exceptional advocacy. Let us fight for the financial recovery and justice your family deserves.
What a Wrongful Death Attorney Does
A wrongful death attorney provides legal representation for families seeking justice after losing a loved one due to negligence. This includes investigating the accident, determining liability, and handling the necessary legal filings.
An attorney also works directly with insurance companies and opposing counsel, ensuring that families are not pressured into unfair settlements. By handling the legal complexities, a lawyer allows surviving family members to focus on their emotional healing.
Maryland Wrongful Death Laws in Potomac
Key Statutes & Eligibility
Maryland law allows primary beneficiaries, including spouses, children, and parents, to file a wrongful death claim. If no primary beneficiaries exist, secondary beneficiaries, such as siblings or financially dependent relatives, may be eligible.
Under Md. Code, Cts. & Jud. Proc. § 3-904, a wrongful death claim seeks compensation for financial losses, emotional suffering, and loss of companionship. Only one lawsuit may be filed per wrongful death case, meaning all eligible beneficiaries must be included.
Local Considerations in Potomac
Wrongful death claims in Potomac are typically filed in Montgomery County courts, which follow specific legal procedures. Ensuring that the case is filed in the correct venue is crucial for meeting local legal requirements and avoiding unnecessary delays.
Common Causes of Wrongful Death Claims
Medical Malpractice
When doctors, nurses, or hospitals fail to meet the standard of care, fatal medical errors can occur. Common wrongful death claims in medical malpractice include surgical mistakes, misdiagnoses, delayed treatments, and medication errors. Maryland law requires expert testimony to prove negligence, making these cases complex and highly technical.
Workplace and Construction Accidents
Certain industries, including construction, manufacturing, and transportation, pose higher risks for fatal workplace injuries. Common causes of workplace wrongful death claims include:
- Falls from heights
- Machinery malfunctions
- Electrocution
- Exposure to hazardous chemicals
- Vehicle-related accidents
- Lack of proper safety equipment
- Structural collapses
- Explosions and fires
Pedestrian and Bicycle Accidents
Pedestrians and cyclists are especially vulnerable in congested urban areas and high-traffic intersections. Many fatalities result from drivers failing to yield, speeding through crosswalks, or being distracted behind the wheel. Road design and lack of proper signage may also play a role, making municipalities potential defendants in some cases.
Defective Products
Manufacturers and distributors must ensure their products are safe for consumer use. When a defective product leads to a fatal injury, families may pursue a product liability claim against responsible parties. Common wrongful death claims involving defective products include:
- Automotive defects
- Dangerous pharmaceuticals
- Faulty medical devices
- Unsafe household appliances
- Toxic consumer products
- Defective workplace machinery
- Contaminated food products
- Fire hazards in electronics
Premises Liability Incidents
Property owners must maintain safe conditions for visitors. Fatal accidents caused by hazardous premises often result from:
- Slips and falls
- Fire hazards
- Carbon monoxide poisoning
- Drownings in unsecured swimming pools
- Falling debris or unsafe structures
- Poor lighting leading to violent crimes
Motor Vehicle Accidents
Fatal crashes involving cars, trucks, and motorcycles are among the most common wrongful death claims in Potomac. Negligent driving behaviors such as distracted driving, speeding, and driving under the influence contribute to many of these tragedies. Families may pursue claims against at-fault drivers, commercial trucking companies, or vehicle manufacturers if a defect contributed to the crash.
Nursing Home Neglect or Abuse
Elderly residents rely on caregivers to provide proper medical attention and daily support. Wrongful death claims against nursing homes often involve:
- Malnutrition and dehydration
- Bedsores and untreated infections
- Overmedication or chemical restraints
- Physical abuse by staff or residents
- Lack of supervision leading to fatal falls
Other Negligent or Criminal Acts
Wrongful death claims also arise from criminal acts and other reckless behaviors. These cases often involve:
- Boating accidents
- Assaults and shootings
- DUI-related crashes
- Unsafe public transportation incidents
- Defective sports or recreational equipment
- Hazardous public infrastructure
Types of Damages in Potomac Wrongful Death Claims
Economic Damages
Wrongful death claims allow families to recover financial losses associated with their loved one’s passing. Recoverable economic damages include:
- Lost income and benefits
- Funeral and burial expenses
- Medical bills for treatment prior to death
- Loss of household services
- Loss of inheritance
- Future earnings the deceased would have provided
Non-Economic Damages
Compensation is also available for the emotional toll of losing a loved one. Non-economic damages may include:
- Emotional suffering
- Mental anguish
- Loss of companionship
- Loss of parental guidance
- Loss of consortium for spouses
Survival Action Damages
A survival action is separate from a wrongful death claim and compensates the deceased’s estate for losses the decedent experienced before death. These damages may include:
- Pain and suffering endured before passing
- Medical costs related to the fatal injury
- Lost wages between the injury and death
Maryland Damage Caps
Maryland law does not cap economic damages, meaning families can recover full compensation for financial losses. However, non-economic damages are subject to an annual cap, which varies based on the number of beneficiaries.
Understanding these caps is essential when estimating potential compensation in a wrongful death case. Ensuring a claim accounts for both economic and non-economic damages helps maximize financial recovery for surviving family members.
How Liability is Determined in Wrongful Death Cases
Establishing Negligence
Wrongful death claims require proving that another party’s negligence directly caused the fatality. Maryland law establishes four essential elements: duty of care, breach of duty, causation, and damages. These elements must be supported by strong evidence to hold the responsible party accountable.
Causation and Evidence
To establish causation, attorneys rely on a combination of police reports, medical records, eyewitness testimony, and forensic analysis. Expert witnesses, such as accident reconstruction specialists or medical professionals, may be necessary to strengthen the claim.
Maryland’s Contributory Negligence Rule
Maryland is a strict contributory negligence state. If the deceased was even 1% at fault, the family may be barred from recovering damages under the Maryland Department of Legislative Services. Insurance companies frequently use this defense to deny claims.
Multiple Parties and Joint Liability
Many wrongful death claims involve multiple at-fault parties who may share liability. Defendants may include:
- Negligent drivers
- Employers of commercial drivers
- Property owners responsible for unsafe conditions
- Medical providers or hospitals
- Product manufacturers and distributors
- Government entities in roadway hazard cases
- Third-party contractors in workplace accidents
When multiple defendants are involved, Maryland law allows for joint and several liability, meaning that each responsible party may be required to pay a portion of the damages. Identifying all liable parties helps maximize financial recovery for the victim’s family.
Procedural Requirements
Maryland law imposes strict procedural rules for filing a wrongful death claim. These include:
- Court filing deadlines – Claims must be filed within three years from the date of death under § 3-904(g) of the Courts & Judicial Proceedings Article.
- Estate administration – Some claims may require action through the deceased’s estate.
- Pre-suit requirements – Medical malpractice wrongful death claims must be filed with the Health Care Alternative Dispute Resolution Office (HCADRO) before proceeding to court.
Why You Need an Experienced Potomac Wrongful Death Attorney
Wrongful death cases involve strict legal deadlines, eligibility requirements, and procedural rules. Maryland’s contributory negligence laws and damage caps can make these cases particularly difficult. An experienced attorney ensures that your claim follows all necessary legal guidelines.
Evidence Gathering & Expert Resources
A strong case requires detailed investigations, accident reconstruction, and expert witness coordination. Attorneys collect and analyze:
- Police and accident reports
- Medical records and autopsy findings
- Expert testimony from medical, financial, and engineering professionals
- Surveillance footage or black box data in vehicle cases
- Maintenance and inspection records in defective product claims
- Workplace safety reports and OSHA violation records
Local Court Procedures
Filing a wrongful death claim in Montgomery County courts requires knowledge of local judges, jury trends, and procedural rules. Attorneys familiar with the area’s legal system can anticipate challenges and build a strong case tailored to the jurisdiction.
Compassionate Advocacy
Losing a loved one is devastating, and legal proceedings can be stressful. A wrongful death attorney provides support and guidance to help families navigate the claims process while focusing on healing. Legal professionals handle the complexities of the case while ensuring families receive the justice and financial support they deserve.
Contingency Fee Basis
Wrongful death cases are handled on a contingency fee basis, meaning families pay nothing upfront and only owe legal fees if compensation is recovered. This arrangement allows families to pursue justice without financial strain.
Your Wrongful Death Lawyer in Potomac Is Ready to Fight for You
Filing a wrongful death claim can provide financial relief and hold the responsible party accountable. Your wrongful death attorney in Potomac with Schochor, Staton, Goldberg and Cardea, P.A. will handle the legal complexities while you focus on healing. Call today or fill out our contact form to schedule a free, no-obligation consultation.