Losing a loved one unexpectedly can leave you with unanswered questions and emotional distress. Your Severn wrongful death lawyer from Schochor, Staton, Goldberg and Cardea, P.A. has 35+ years of experience helping families like yours pursue justice. Let us guide you through your legal options and help you hold the negligent party accountable for your loss.
What Constitutes a Wrongful Death in Severn, Maryland
A wrongful death occurs when another person’s negligence, recklessness, or intentional actions result in a fatality. While criminal homicide charges may lead to penalties such as imprisonment, a wrongful death claim is a civil lawsuit that allows your family to seek financial compensation for your losses. Common causes of wrongful death lawsuits include:
- Motor vehicle accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Dangerous property conditions
Maryland law provides surviving family members the right to hold the responsible party accountable and recover damages for the financial and emotional impact of their loss. If you are unsure whether you have the grounds to file a claim, do not hesitate to contact our legal team to explore your options further.
Who Can File a Wrongful Death Lawsuit in Severn, Maryland
Maryland law identifies primary beneficiaries who have the first right to file a wrongful death claim. These include:
- Surviving spouse
- Children
- Parents
If no primary beneficiaries exist, secondary beneficiaries such as siblings, cousins, or other financially dependent family members may be eligible to file. Only one wrongful death lawsuit can be brought per victim, meaning all eligible beneficiaries must be included in a single claim. Our firm will ensure that all qualified family members are represented in the lawsuit.
Maryland’s Statute of Limitations
State law imposes a three-year deadline for filing a wrongful death claim under § 3-904(g) of the Courts & Judicial Proceedings Article. The clock starts on the date of your loved one’s death, and missing this deadline may bar your family from recovering compensation.
There are limited exceptions to this rule. In cases involving occupational diseases, such as asbestos exposure, the deadline may be extended based on when the illness was discovered. If the victim was a minor, different legal timelines may apply. Acting quickly ensures that crucial evidence is preserved and that your family’s rights are protected.
Proving Negligence and Establishing Liability
A wrongful death claim must prove that the defendant’s negligence directly caused your loved one’s passing. Maryland law requires evidence of four key elements:
- Duty of care – The defendant had a legal obligation to act responsibly to prevent harm.
- Breach of duty – The defendant failed to uphold their duty, either through negligence or reckless actions.
- Causation – There must be a direct link between the breach and your loved one’s death.
- Damages – Your family suffered measurable losses, such as financial costs and emotional suffering.
Maryland follows a contributory negligence rule, as described by the Maryland Department of Legislative Services. This means that if your loved one was even 1% at fault, your family may be barred from recovering compensation. This strict standard makes strong evidence critical to proving liability. Key evidence may include:
- Accident reports
- Police citations or traffic violations
- Medical records detailing injuries and treatment
- Expert testimony from medical professionals or accident reconstructionists
- Surveillance footage or security camera recordings
- Eyewitness statements from those who saw the fatal incident
- Worksite safety reports or OSHA violation records
- Product defect reports if the death involved a dangerous product
- Phone records or toxicology reports if impairment was a factor
Defendants and insurance companies often attempt to shift blame, but our firm is prepared to counter these tactics with thorough investigations and expert analysis.
Types of Compensation in a Maryland Wrongful Death Claim
Families may recover both economic and non-economic damages in a wrongful death claim. Economic damages cover financial losses such as:
- Medical expenses related to the fatal injury.
- Funeral and burial costs.
- Lost wages the deceased would have earned.
- Loss of financial support for dependents.
- Loss of household services such as childcare, maintenance, or elder care.
- Future earnings the deceased would have contributed over their lifetime.
- Travel costs for medical care before the decedent’s death.
- Out-of-pocket expenses related to the death.
- Cost of therapy or grief counseling for surviving family members.
Non-economic damages address the emotional impact of losing a loved one. These damages may include:
- Mental anguish suffered by surviving family members.
- Loss of companionship and emotional support.
- Loss of parental guidance for minor children.
- Loss of mentorship and advice from the deceased.
- Psychological distress and emotional suffering.
- Impact on family relationships and stability.
- Loss of consortium for surviving spouses.
- Trauma caused by witnessing the fatal event.
- Long-term emotional and psychological harm.
Maryland law places a cap on non-economic damages, which is adjusted annually and depends on the number of beneficiaries. While no amount of money can replace your loved one, compensation can provide financial security and hold the responsible party accountable.
Common Causes of Wrongful Death in Severn, MD
Motor Vehicle Accidents
Fatal crashes happen every day due to reckless or negligent driving. Some of the most common causes of deadly collisions include:
- Distracted driving
- Impaired driving
- Speeding
- Failure to yield
- Commercial vehicle accidents
- Hit-and-run incidents
- Poor road conditions
- Mechanical failures
- Dangerous intersections
- Defective vehicle components
Drivers, trucking companies, and rideshare services may be held accountable for fatal accidents caused by negligence. A thorough investigation can determine liability and help your family seek justice.
Workplace and Construction Accidents
Certain industries present a higher risk of fatal workplace injuries. Common hazards include:
- Falls from heights
- Machinery malfunctions
- Electrocution
- Explosions and fires
- Exposure to toxic chemicals
- Vehicle-related incidents
- Lack of proper training
- Unsafe scaffolding or ladders
- Collapsed structures
- Defective safety equipment
Employers, equipment manufacturers, and third-party contractors may all share responsibility for a preventable workplace fatality. Maryland’s workers’ compensation laws may impact your case, but wrongful death claims can still be pursued against negligent parties.
Medical Malpractice
Medical errors can have devastating consequences. Fatal cases of malpractice often involve:
- Surgical mistakes
- Anesthesia errors
- Misdiagnosis or delayed diagnosis
- Medication errors
- Birth injuries
- Failure to monitor critical conditions
- Contaminated surgical instruments
- Hospital-acquired infections
- Emergency room mistakes
- Failure to follow proper treatment protocols
Doctors, hospitals, and healthcare providers must be held accountable when their negligence results in wrongful death. Expert testimony is often required to prove liability in these cases.
Defective Products
Manufacturers and distributors have a responsibility to ensure their products are safe. When a defective product causes fatal harm, common issues include:
- Automotive defects
- Dangerous pharmaceuticals
- Unsafe medical devices
- Defective household appliances
- Faulty construction materials
- Exploding electronics
- Contaminated food products
- Fire hazards in consumer products
- Child safety hazards in toys and cribs
- Electrical malfunctions in consumer goods
Product liability claims can hold negligent companies accountable for putting unsafe products on the market. Thorough testing and expert analysis may be required to prove the defect.
Premises Liability
Property owners are responsible for maintaining safe conditions. Fatal injuries caused by hazardous premises often involve:
- Slips and falls
- Fire hazards
- Carbon monoxide poisoning
- Unsafe swimming pools
- Collapsed structures
- Poor security leading to violent crimes
- Falling objects in retail stores or construction sites
- Defective elevators and escalators
- Animal attacks due to negligent pet owners
- Unsafe stairwells or lack of handrails
Negligent property management can contribute to wrongful death claims, especially if hazards were known but not addressed. Holding property owners accountable can prevent similar tragedies from occurring in the future.
Nursing Home Abuse and Neglect
Elderly residents rely on caregivers to provide proper care. When neglect or abuse occurs, the consequences can be fatal. Common causes of wrongful death in nursing homes include:
- Malnutrition and dehydration
- Bedsores and untreated infections
- Physical abuse by staff or residents
- Medication mismanagement
- Lack of supervision leading to falls
- Failure to provide adequate medical care
- Poor sanitation leading to infections
- Delayed response to medical emergencies
- Overmedication or chemical restraints
- Ignoring residents’ basic needs
Nursing homes and assisted living facilities must be held accountable when their negligence leads to a resident’s death. A wrongful death claim can help expose misconduct and prevent further harm.
Importance of Hiring a Severn Wrongful Death Lawyer
Wrongful death claims are complex, and legal representation can make a significant difference in the outcome. An experienced lawyer will handle critical aspects of your case, including:
- Gathering police reports, medical records, and expert testimony.
- Determining liability and identifying all responsible parties.
- Filing claims within the required legal deadlines.
- Negotiating with insurance companies to secure fair compensation.
- Preparing for litigation if a settlement cannot be reached.
- Protecting your family from blame-shifting tactics by defendants.
- Consulting with economists to calculate long-term financial losses.
Compensation in a wrongful death case can provide financial relief and a sense of justice. While no amount of money can replace your loved one, holding negligent parties accountable can help your family move forward.
Your Wrongful Death Lawyer in Severn Can Help You Take Action
Maryland law places strict time limits on wrongful death claims, making it critical to act quickly. Your wrongful death attorney in Severn with Schochor, Staton, Goldberg and Cardea, P.A. will work to recover the compensation your family deserves. Contact us today by calling our office or submitting our contact form to schedule a free, no-obligation consultation.