A wrongful death lawsuit allows families to seek justice when negligence leads to the loss of a loved one. Your Rockville wrongful death lawyer from Schochor, Staton, Goldberg and Cardea, P.A., selected to Super Lawyers, has the experience and resources to fight for maximum compensation. If your family is ready to take legal action, we are here to help.
What Is a Wrongful Death Claim?
Maryland law defines wrongful death as a civil legal action filed by surviving family members when a loved one’s death results from negligence, recklessness, or intentional misconduct. These claims seek compensation for the emotional and financial losses suffered by surviving family members. Unlike a criminal case, which aims to punish the at-fault party, a wrongful death lawsuit focuses on recovering damages for the family’s loss.
To succeed in a wrongful death claim, families must prove that negligence directly caused the fatality. The standard of proof in civil cases is a preponderance of the evidence, meaning it must be more likely than not that the defendant’s actions led to the death. Evidence may include medical records, expert testimony, and accident reports.
A survival action is different from a wrongful death claim. Instead of compensating the family for their losses, a survival action allows the deceased’s estate to recover damages for the pain and suffering the victim experienced before passing. Families often file both claims together to maximize financial recovery.
Maryland Wrongful Death Laws
Who Can File
Maryland law limits wrongful death claims to specific family members. Eligibility is determined by two categories of beneficiaries:
- Primary beneficiaries – Spouses, children, and parents.
- Secondary beneficiaries – Siblings, extended family, or financially dependent relatives (only if no primary beneficiaries exist).
All eligible family members must be included in a single lawsuit. Consulting an attorney ensures that all rightful claimants are identified and that no beneficiaries are excluded.
Statute of Limitations
Maryland law imposes a three-year deadline for filing a wrongful death claim under § 3-904(g) of the Courts & Judicial Proceedings Article. Families must file their claim within three years from the date of death to preserve their right to seek compensation.
There are limited exceptions, such as occupational disease cases, where the filing deadline may be extended to 10 years from the date of death or three years from the discovery of the illness. Failing to file on time can bar families from recovering compensation. Seeking legal guidance early ensures that critical evidence is preserved, witnesses are contacted, and procedural deadlines are met.
Common Causes of Wrongful Death in Rockville
Workplace and Construction Accidents
Fatal workplace incidents often occur in construction, industrial, and warehouse settings. Workers in Rockville face risks from falls, heavy machinery accidents, and toxic exposure. When safety violations or defective equipment contribute to a fatal injury, families may have grounds for a wrongful death claim.
Some occupational illnesses develop over time, with exposure to asbestos, chemicals, or hazardous materials leading to fatal diseases. Maryland law allows wrongful death claims in occupational disease cases, with up to 10 years from the date of death or three years from the discovery of the illness to file a claim.
Criminal Acts and Other Wrongful Acts
Intentional harm can also result in wrongful death claims. Families may pursue civil lawsuits even if criminal charges are filed against the responsible party. Cases involving homicide, assaults, and reckless endangerment often lead to wrongful death claims alongside criminal proceedings.
Some wrongful death cases involve police misconduct or negligence by security personnel. When law enforcement or private security fails to follow proper protocols, resulting in a fatality, families may have legal grounds for a lawsuit.
Defective Products or Premises Hazards
Product manufacturers and property owners have a duty to prevent hazards that could result in fatal injuries. Families may have a wrongful death claim when dangerous products, unsafe buildings, or neglected property conditions lead to a fatality. Some of the most common defective product and premises liability cases include:
- Automotive defects, such as faulty brakes or airbag failures
- Dangerous pharmaceutical drugs with undisclosed risks
- Defective medical devices leading to fatal complications
- Poorly maintained stairwells, walkways, or parking lots
- Fire hazards caused by improper electrical wiring
- Carbon monoxide leaks from faulty appliances
- Unsafe amusement park or recreational equipment
- Lack of security leading to preventable assaults
- Building code violations that cause structural collapses
Medical Malpractice
Fatal medical errors happen when doctors, nurses, or hospitals fail to meet the required standard of care. Common wrongful death claims involving medical malpractice include misdiagnoses, surgical mistakes, and medication errors.
Notable Maryland cases have highlighted the devastating impact of medical negligence. When healthcare providers fail to diagnose or properly treat life-threatening conditions, families have the right to seek compensation for their loss.
Nursing Home Negligence
Elderly residents in nursing homes and assisted living facilities rely on caregivers for medical attention and daily support. When facilities fail to provide proper care, fatal neglect and abuse can occur.
Many wrongful death lawsuits against nursing homes involve malnutrition, untreated infections, falls, and medication mismanagement. Facilities may be held accountable for understaffing, failure to supervise residents, or providing inadequate medical attention.
Motor Vehicle Accidents
Fatal crashes are one of the leading causes of wrongful death in Rockville. These accidents often result from reckless or impaired driving, creating devastating consequences for families. Some of the most common fatal vehicle accidents include:
- Distracted driving – Texting, eating, or using in-car technology
- Drunk driving – Alcohol and drug-related collisions
- Speeding – Excessive speeds reduce reaction times
- Reckless maneuvers – Illegal lane changes and aggressive driving
- Failure to yield – Pedestrian and cyclist fatalities at intersections
- Commercial truck accidents – Driver fatigue and overloaded cargo
- Public transit accidents – Bus and rail system fatalities
- Hit-and-run crashes – Unidentified at-fault drivers
- Defective vehicle components – Brake or tire failures
Holding negligent drivers accountable ensures that families receive financial compensation while also promoting safer roadways in Rockville.
Types of Compensation in a Wrongful Death Claim
Medical and Funeral Expenses
Families often face significant financial burdens after losing a loved one due to negligence. Compensation may cover:
- Final medical bills related to the fatal injury
- Hospital stays and emergency treatment costs
- Hospice or end-of-life care expenses
- Funeral and burial costs
- Cremation services and memorial arrangements
- Transportation costs for funeral services
- Out-of-pocket expenses related to medical care
Recovering these expenses ensures that families are not left paying for costs they never should have incurred.
Lost Income and Financial Support
The financial impact of losing a primary provider can be devastating. Compensation may include:
- Wages the deceased would have earned
- Future lost income based on career trajectory
- Loss of pension or retirement contributions
- Loss of health insurance benefits
- Loss of household services provided by the deceased
These damages help replace the financial stability the victim would have contributed to their family.
Loss of Companionship and Consortium
Losing a loved one means losing their presence, guidance, and emotional support. Spouses may recover damages for loss of companionship, while children may seek compensation for the loss of parental guidance. Non-economic damages, like loss of consortium, address the lasting impact of wrongful death on surviving family members. While Maryland caps non-economic damages, families may still recover substantial compensation.
Pain and Suffering of Survivors
Surviving family members endure severe emotional pain after losing a loved one unexpectedly. Wrongful death claims may include compensation for:
- Mental anguish
- Psychological trauma
- Grief counseling costs
- Emotional distress suffered by children
- Anxiety and depression from the loss
How a Rockville Wrongful Death Lawyer Can Help
Investigation and Evidence Gathering
A strong wrongful death case relies on thorough evidence collection and expert analysis. Attorneys gather:
- Police and accident reports
- Medical records and autopsy results
- Witness statements and depositions
- Surveillance footage or black box data
- Safety inspection records for workplace deaths
- Expert testimony from medical and financial professionals
Handling Legal Procedures
Maryland’s wrongful death laws under Md. Code, Cts. & Jud. Proc. § 3-904 include strict filing deadlines and procedural requirements. An attorney manages:
- Filing court documents within the three-year statute of limitations
- Handling communications with insurance companies
- Ensuring all eligible beneficiaries are included in the claim
- Navigating pre-suit requirements for medical malpractice cases
Negotiation and Litigation
Insurance companies often delay, deny, or underpay wrongful death claims. Attorneys handle negotiations by:
- Challenging low settlement offers
- Presenting expert-backed damage assessments
- Filing lawsuits if the insurance company refuses to offer fair compensation
If a settlement cannot be reached, your wrongful death attorney can prepare your case for trial to fight for maximum financial recovery.
Maximizing Compensation and Support
Attorneys work to identify all liable parties and sources of compensation. A wrongful death claim may involve:
- Negligent drivers or trucking companies
- Property owners responsible for unsafe conditions
- Employers in workplace fatalities
- Product manufacturers in defective product cases
- Government agencies in municipal liability cases
Your Wrongful Death Lawyer in Rockville Is Ready to Represent You
Filing a wrongful death claim can provide financial relief and hold the responsible party accountable. Your wrongful death attorney in Rockville with Schochor, Staton, Goldberg and Cardea, P.A. will work tirelessly to help your family recover compensation. Call our office or fill out our contact form today to set up a free, no-obligation consultation.