When a loved one’s life is taken due to negligence, your family deserves justice and financial relief. Your Severna Park wrongful death lawyer from Schochor, Staton, Goldberg and Cardea, P.A., selected for inclusion in The Best Lawyers in America, has the experience to handle even the most complex claims. Let us help you pursue accountability and the compensation your family needs to move forward.

Understanding Wrongful Death Claims in Severna Park, Maryland

Definition of Wrongful Death Under Maryland Law

Maryland law defines wrongful death as a fatality caused by another party’s negligence, recklessness, or wrongful act. Under Md. Code, Cts. & Jud. Proc. § 3-904, eligible family members may pursue compensation if the deceased could have filed a personal injury claim had they survived.

Wrongful death claims can arise from car accidents, medical malpractice, workplace injuries, defective products, and criminal acts. These lawsuits allow families to recover damages for financial losses, emotional suffering, and loss of companionship.

Who Can File a Claim

Maryland law grants primary beneficiaries the first right to file a wrongful death claim. These include:

  • Children
  • Parents
  • Spouses

If no primary beneficiaries exist, secondary beneficiaries may be eligible to file. These individuals must prove they were financially dependent on the deceased. Maryland allows only one wrongful death lawsuit per case, meaning all beneficiaries must be included in a single claim.

Wrongful death claims are separate from survival actions, which are brought on behalf of the deceased’s estate. A survival action seeks compensation for the deceased’s medical bills, pain and suffering, and lost wages before death. Families often pursue both claims together for maximum financial recovery.

Statute of Limitations

Maryland imposes a three-year statute of limitations on wrongful death claims under § 3-904(g) of the Courts & Judicial Proceedings Article. Failing to file within this period can bar families from recovering compensation. There are limited exceptions to this rule:

  • Concealed homicide cases – If the cause of death was intentionally hidden, the filing period may be extended.
  • Occupational disease cases – Families may have up to 10 years from the date of death or three years from the discovery of the illness.

Filing a claim promptly ensures that evidence is preserved, witnesses are available, and the family’s rights remain protected.

Common Causes of Wrongful Death

Workplace and Construction Accidents

Fatal injuries frequently occur in construction, industrial, and warehouse settings. In many cases, these deaths result from third-party negligence, unsafe work conditions, or defective equipment. Workers rely on employers, contractors, and equipment manufacturers to provide a safe environment, but failures in safety protocols can have tragic consequences.

Wrongful death lawsuits in workplace accidents often involve third-party liability claims beyond workers’ compensation. These claims allow families to seek additional compensation when subcontractors, equipment manufacturers, or property owners share responsibility for the fatal accident.

Defective Products

Manufacturers are responsible for producing safe products, but design flaws, manufacturing errors, and lack of safety warnings can lead to fatal injuries. Defective product wrongful death claims often involve:

  • Faulty brakes, airbag malfunctions, and other automotive defects
  • Dangerous prescription drugs with undisclosed risks
  • Defective household appliances that cause fires or electrocutions
  • Unsafe medical implants and surgical devices
  • Toxic children’s toys and consumer goods
  • Contaminated food products leading to fatal illness

Families may pursue wrongful death claims against manufacturers, distributors, and retailers when a dangerous product leads to preventable death. Expert analysis is often required to prove the defect caused the fatal incident.

Medical Malpractice

Medical negligence can have devastating consequences when healthcare providers fail to deliver proper treatment. Fatal malpractice cases often stem from diagnostic errors, surgical mistakes, anesthesia errors, prescription mismanagement, or a failure to respond to a patient’s critical condition in time. When doctors, nurses, or hospitals breach the standard of care, families may have grounds to pursue a wrongful death claim.

Proving medical negligence requires expert testimony, medical record analysis, and compliance with Maryland’s Health Care Alternative Dispute Resolution Office (HCADRO) requirements. Holding healthcare providers accountable can help prevent similar tragedies in the future.

Nursing Home Negligence or Elder Abuse

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. Wrongful death claims involving nursing home negligence often include:

  • Malnutrition and dehydration
  • Untreated infections or bedsores
  • Failure to monitor chronic conditions
  • Medication errors
  • Physical abuse or neglect by staff
  • Failure to prevent serious falls
  • Lack of emergency medical attention

Nursing home facilities have a legal duty to protect residents from harm. When that duty is breached, families may seek compensation for their loved one’s suffering and wrongful death.

Motor Vehicle Accidents

Severna Park’s busy roads see a high number of fatal crashes each year. Many of these accidents result from drunk driving, distracted driving, speeding, and reckless behavior. Commercial truck accidents are also a concern, particularly on high-traffic routes where large vehicles pose a greater danger to smaller cars and pedestrians.

Wrongful death claims involving motor vehicle accidents often target negligent drivers, trucking companies, or auto manufacturers if defective vehicle components contributed to the crash. Establishing liability requires police reports, accident reconstructions, and eyewitness testimony.

Proving Negligence in a Wrongful Death Case

Wrongful death claims require proving four critical elements to establish liability:

  • Duty of Care – The defendant had a legal obligation to act responsibly.
  • Breach of Duty – The defendant failed to meet that obligation through negligence.
  • Causation – The breach of duty directly resulted in the victim’s death.
  • Damages – The surviving family suffered financial and emotional losses.

Evidence Gathering and Expert Testimony

A successful wrongful death case requires compelling evidence to establish liability. Our attorneys may rely on:

  • Police reports and accident reconstructions
  • Medical records and autopsy reports
  • Expert testimony from physicians and forensic specialists
  • Surveillance footage or dashcam recordings
  • Witness statements and depositions
  • Product recall reports in defective product cases
  • Workplace safety inspections and OSHA violations
  • Cell phone records in distracted driving claims

Maryland’s Contributory Negligence Rule

Maryland enforces a strict contributory negligence standard, meaning if the victim is found even 1% at fault, their family may be barred from recovering damages under Md. Code, Cts. & Jud. Proc. § 3-904.

Insurance companies frequently use this law to deny claims, making strong legal representation critical. Attorneys work to counter contributory negligence defenses through expert analysis and strong evidence presentation.

Types of Damages Available in Maryland Wrongful Death Claims

Economic Damages

Families may recover financial compensation for the economic losses caused by their loved one’s wrongful death. These damages help cover:

  • Funeral and burial expenses
  • Medical bills for treatment prior to death
  • Lost wages and future earnings
  • Loss of financial support for dependents
  • Out-of-pocket expenses related to the death
  • Loss of household services
  • Cost of childcare or home maintenance

These damages ensure families are not left financially burdened by an accident caused by someone else’s negligence.

Non-Economic Damages

Maryland law also allows families to seek compensation for emotional and psychological losses. These damages acknowledge the deep impact a wrongful death can have on surviving family members, including:

  • Mental anguish
  • Loss of companionship
  • Loss of parental guidance
  • Emotional pain and suffering
  • Loss of consortium for spouses

While economic damages have no cap, Maryland imposes a limit on non-economic damages, which increases annually based on the number of beneficiaries.

Maryland’s Cap on Non-Economic Damages

Maryland law caps non-economic damages in wrongful death cases, with adjustments made each year. The cap differs based on the number of claimants:

  • A single beneficiary has a lower cap than multiple beneficiaries.
  • For 2024, the cap for one beneficiary is $950,000.
  • If multiple beneficiaries file a claim, the cap increases up to 150% of the single-beneficiary amount.

Why Hiring an Experienced Severna Park Wrongful Death Lawyer Is Critical

Maximizing Compensation & Dealing with Insurance

Insurance companies often try to minimize payouts in wrongful death claims. An attorney ensures families receive full compensation by:

  • Accurately calculating economic and non-economic damages
  • Negotiating with insurance adjusters to fight against low settlement offers
  • Preparing for trial if the insurance company refuses to pay fair compensation

Local Knowledge of Severna Park and Anne Arundel County

Filing a wrongful death claim in Anne Arundel County requires familiarity with local courts, judges, and procedural rules. An attorney who knows the area’s legal system provides an advantage when building a case and negotiating settlements.

Having experience with local accident trends, common roadway dangers, and local medical facilities can help strengthen wrongful death claims in Severna Park.

Reducing Stress on the Family

Losing a loved one is emotionally exhausting, and handling a legal case can add stress to an already difficult time. A wrongful death lawyer provides:

  • Contingency fee representation—families pay nothing upfront
  • Emotional support throughout the legal process
  • Guidance on court filings, insurance negotiations, and case updates
  • Protection against insurance company pressure

Your Wrongful Death Lawyer in Severna Park Is Ready to Represent You

A wrongful death claim can provide financial stability while holding the negligent party accountable. Your wrongful death attorney in Severna Park with Schochor, Staton, Goldberg and Cardea, P.A. will stand by your side every step of the way. Call our office or submit our contact form today to schedule a free case evaluation.