Silver Spring Wrongful Death Lawyers

A wrongful death can leave your family struggling with grief, medical expenses, and the uncertainty of what comes next. A Silver Spring wrongful death lawyer with Schochor, Staton, Goldberg and Cardea, P.A. has over 100 years of combined experience fighting for families who have lost loved ones due to negligence. With a personal injury attorney prepared to take on complex cases, you can pursue the justice and financial recovery your family needs.

Understanding Wrongful Death Claims in Maryland

Losing a loved one because of someone else’s negligence is devastating, leaving families with emotional pain and financial burdens. Maryland law defines wrongful death under Maryland Courts & Judicial Proceedings § 3-902 as a fatality caused by another party’s wrongful act, neglect, or default. If the deceased would have had the right to sue for their injuries had they survived, their family may file a wrongful death claim to seek compensation.

A wrongful death claim allows surviving family members to hold the responsible party accountable. Maryland Courts & Judicial Proceedings § 3-904 outlines who is eligible to file a claim and distinguishes between wrongful death actions, which compensate the family, and survival actions, which allow the deceased’s estate to recover damages for the suffering they endured before passing. Families must provide clear evidence showing that negligence led to the death, meeting the legal burden of proof.

Burden of Proof in a Wrongful Death Case

Wrongful death cases require proving that the defendant’s negligence directly caused the fatal injury. Maryland law applies a preponderance of the evidence standard, meaning the evidence must show it is more likely than not that the defendant’s actions caused the death. This differs from criminal cases, where the standard is beyond a reasonable doubt.

Establishing fault may involve gathering police reports, medical records, and expert testimony. Accident reconstruction specialists, forensic investigators, and medical experts can provide critical analysis that strengthens the case. Without strong evidence, the defense may argue that other factors contributed to the death, making it more difficult for the family to secure compensation.

Eligibility to File a Wrongful Death Lawsuit in Maryland

Not everyone is eligible to file a wrongful death claim. Maryland law limits who can bring a lawsuit, ensuring that only those most affected by the loss can seek compensation. If no primary beneficiaries exist, the right to file may extend to other financially dependent relatives.

Primary Beneficiaries: Spouse, children, and parents of the deceased – These individuals have the first right to file a wrongful death lawsuit. If a spouse or child is not available, parents may file a claim to recover damages for the emotional and financial impact of the loss. Courts recognize these family members as those who suffer the greatest hardship.
Secondary Beneficiaries: Other relatives who were financially dependent – If no primary beneficiaries exist, Maryland law allows siblings, grandparents, or other family members to file a claim. However, they must prove that they relied on the deceased for financial support. Without evidence of financial dependence, they may not be eligible to recover damages.
Survival Actions: Claims brought by the personal representative of the deceased’s estate – Separate from a wrongful death claim, a survival action allows the estate to recover damages for the deceased’s suffering before death. This may include medical expenses, lost wages, and pain and suffering the deceased endured before passing. Compensation from survival actions is typically awarded to the estate rather than individual family members.

Common Causes of Wrongful Death in Silver Spring

Wrongful death claims arise from a variety of accidents caused by negligence. If your loved one’s death was preventable, you may have a case against the responsible party. The most common causes of wrongful death in Silver Spring often involve motor vehicle accidents, medical malpractice, unsafe workplaces, defective products, and dangerous property conditions.

Motor Vehicle Accidents

Fatalities resulting from car, truck, motorcycle, and pedestrian accidents – Motor vehicle collisions are among the leading causes of wrongful death. Accidents involving commercial trucks, reckless drivers, or hazardous road conditions can result in catastrophic injuries. Families of victims may pursue compensation from negligent drivers or third parties responsible for the crash.

Negligent driving behaviors leading to fatal crashes – Drunk driving, distracted driving, and speeding often contribute to deadly collisions. Drivers who ignore traffic laws and cause fatal crashes may be held legally accountable for their actions. In cases involving commercial vehicles, the trucking company may also share responsibility.

Legal options for families after a fatal accident – Families may file a wrongful death lawsuit to recover compensation for funeral costs, lost income, and emotional distress. A lawyer can help collect accident reports, witness statements, and expert testimony to establish liability. Holding the responsible party accountable can help prevent similar tragedies in the future.

Medical Malpractice

Fatal medical errors caused by surgical mistakes, misdiagnoses, and medication errors – Healthcare providers must follow strict standards of care to protect patients. If a doctor fails to diagnose a life-threatening condition or makes a critical mistake during surgery, they may be liable for wrongful death. Medication overdoses, anesthesia errors, and birth injuries can also lead to fatal consequences.

Legal complexities in Maryland medical malpractice cases – Maryland law imposes additional requirements for medical malpractice claims, including pre-litigation review panels and expert testimony. To prove negligence, families must demonstrate that the healthcare provider’s actions deviated from accepted medical standards. A wrongful death lawyer can help navigate these legal challenges and build a strong case.

Holding hospitals and healthcare providers accountable – Hospitals and clinics may be liable if they fail to provide adequate care or hire unqualified staff. If negligence by a medical facility contributed to a patient’s death, the family may have grounds for a wrongful death claim. Proving liability often requires reviewing medical records, hospital policies, and expert analysis.

Workplace Accidents

Fatal workplace incidents in construction, manufacturing, and industrial settings – Employees working in high-risk industries face daily hazards that can lead to fatal injuries. Falls from heights, machinery malfunctions, and toxic chemical exposure are common causes of workplace-related deaths. Employers have a legal duty to maintain a safe work environment.

Liability beyond workers’ compensation in workplace fatalities – While workers’ compensation provides death benefits, families may also have grounds for a wrongful death lawsuit. If a third party, such as a subcontractor or equipment manufacturer, contributed to the fatal accident, they may be held accountable. These claims can provide additional financial support beyond standard workers’ compensation benefits.

Safety violations and employer negligence – Employers who fail to follow safety regulations or ignore known hazards may be liable for wrongful death. A workplace safety investigation can help determine whether OSHA violations contributed to the fatal accident. Families of victims may be entitled to compensation if negligence played a role in the death.

Defective Products

Unsafe consumer goods, faulty medical devices, and defective auto parts leading to fatal injuries – When companies release dangerous products onto the market, they may be responsible for any resulting deaths. Defective medical implants, unsafe household appliances, and malfunctioning car components can all contribute to wrongful death claims. Manufacturers, distributors, and retailers may be held accountable.

Legal requirements for proving product liability claims – To succeed in a wrongful death case involving a defective product, families must prove that the product was defectively designed, manufactured, or lacked proper safety warnings. A wrongful death lawyer can investigate product recalls and expert testing reports to establish liability.

Compensation available in product liability wrongful death cases – Families may recover damages for medical expenses, lost financial support, and pain and suffering. If the manufacturer knowingly sold a dangerous product, punitive damages may also be available.

Premises Liability

Fatal injuries caused by unsafe property conditions – Property owners must maintain a safe environment for visitors. Slips and falls, drownings, fires, and security failures can all lead to fatal injuries. If a hazard existed and the owner failed to address it, they may be held responsible.

Holding property owners accountable for negligence – Landlords, business owners, and government entities can be liable if unsafe conditions cause a wrongful death. A legal claim may provide compensation for funeral costs, lost income, and emotional suffering. Attorneys may collect surveillance footage, maintenance records, and witness testimony to prove liability.

Types of Compensation in Wrongful Death Claims

If you lost a loved one due to someone else’s negligence, you may be entitled to compensation. Maryland law allows you to recover financial and emotional damages for the impact of your loss. While money cannot replace your loved one, it can ease the financial burden and hold the responsible party accountable.

Economic Damages

Medical expenses incurred before death – If your loved one received medical treatment before passing, you may be able to recover those costs. This includes emergency care, hospital stays, surgeries, and ongoing treatment that was attempted to save their life. These expenses can be overwhelming, but a wrongful death claim allows you to seek compensation.
Funeral and burial costs – The cost of laying your loved one to rest can be significant. A wrongful death claim can help you recover expenses for the funeral, cremation, burial plot, and memorial services. Financial relief can allow you to focus on honoring your loved one instead of worrying about expenses.
Lost income and benefits – If your loved one was the primary earner in your household, their lost wages can have a lasting impact. You may be able to recover compensation for the income they would have earned, as well as lost benefits such as health insurance and retirement contributions. A financial expert can help determine the full extent of these losses.
Loss of household services – Your loved one may have provided critical support in your home, from childcare to home maintenance. Replacing these services can be costly, and you should not have to cover those expenses alone. A wrongful death claim can include compensation for the practical contributions your loved one made to the family.

Non-Economic Damages

Mental anguish and emotional distress – Losing someone suddenly is emotionally devastating. You may experience severe grief, depression, or anxiety that affects your ability to function in daily life. Maryland law recognizes these emotional losses and allows you to seek compensation.
Loss of companionship and guidance – If you lost a spouse, child, or parent, you are also grieving the loss of their presence in your life. Wrongful death damages can include compensation for the guidance a parent would have provided or the companionship of a life partner. These losses are significant and deserve recognition.
Loss of consortium – As a surviving spouse, you may also be entitled to compensation for the loss of intimacy, affection, and emotional support. This type of damage reflects the deep personal loss suffered when a partner is taken too soon. While no financial award can fill that void, it can provide security for your future.

Maryland’s Damage Caps

No cap on economic damages – You can recover the full financial losses associated with your loved one’s passing. This includes medical bills, lost wages, and the future financial support they would have provided. Maryland does not limit the amount you can receive for these losses.
Cap on non-economic damages (adjusts annually) – Maryland law limits compensation for emotional and personal losses. As of 2024, the cap is $950,000 for a single beneficiary and $1.43 million for multiple beneficiaries. These limits ensure that families receive fair compensation while maintaining legal consistency.

Statute of Limitations for Wrongful Death Claims in Maryland

Standard Deadline

Three years from the date of death – If you are considering filing a wrongful death claim, you must do so within three years. If you miss this deadline, you may lose the right to seek compensation. Acting quickly ensures your case can move forward without legal barriers.

Exceptions

Occupational diseases (e.g., asbestos exposure): 3 years from discovery, up to 10 years – If your loved one’s death was caused by work-related toxic exposure, you may have extra time to file a claim. Some illnesses, such as mesothelioma, develop years after exposure, which is why the law provides exceptions for these cases. A wrongful death attorney can determine if your case qualifies for an extension.
Delayed discovery of negligence – In some cases, families do not immediately realize that negligence caused their loved one’s death. If new evidence comes to light, such as a medical error being uncovered, the statute of limitations may be extended. A lawyer can help you understand whether this exception applies to your case.

Importance of Timely Action

Missing the deadline forfeits the right to seek compensation – If you wait too long to file, your case may be dismissed. Even if negligence is clear, failing to act within the statute of limitations can prevent you from recovering damages. It is important to start the process as soon as possible.
Filing early helps preserve evidence and witness testimony – The longer you wait, the harder it may be to gather key evidence. Witnesses may forget important details, video footage may be deleted or overwritten, and documents can become harder to obtain. Acting quickly allows your lawyer to build the strongest case possible.

How a Silver Spring Wrongful Death Lawyer Can Assist

Filing a wrongful death claim can feel overwhelming while you are grieving. An attorney takes on the legal burden, allowing you to focus on healing while they handle the details of your case. From investigating the accident to negotiating with insurance companies, your lawyer will work to secure the compensation you deserve.

Comprehensive Case Evaluation

A wrongful death lawyer reviews police reports, medical records, and other documentation to build a strong case. They examine every detail to determine who is responsible and what damages may be available. Without a thorough evaluation, insurance companies may try to dispute your claim.

Investigation and Evidence Gathering

Attorneys gather crucial evidence, including accident reports, medical findings, and financial statements. They may also work with forensic experts to reconstruct events and prove liability. A well-supported case increases the chances of a successful claim.

Navigating Legal Complexities

Maryland law has strict rules about who can file, how cases proceed, and what compensation is available. An attorney ensures that all legal steps are taken correctly to protect your case. Without legal guidance, mistakes can delay or jeopardize your claim.

Negotiation and Litigation

Many wrongful death claims settle out of court, but insurance companies often try to minimize payouts. A lawyer fights for the full compensation you are entitled to and is prepared to take the case to trial if needed. Without legal representation, insurers may pressure you into accepting less than you deserve.

Emotional Support and Guidance

A wrongful death case is not just about compensation; it is about justice. An attorney handles the legal complexities while you take the time to grieve and honor your loved one. Knowing your case is in capable hands allows you to move forward with peace of mind.

Let a Wrongful Death Lawyer in Silver Spring Fight for Your Family’s Future

Your family should not have to bear the financial burden of someone else’s negligence. Your wrongful death attorney in Silver Spring from Schochor, Staton, Goldberg and Cardea, P.A. is ready to help you seek compensation for medical expenses, funeral costs, and lost financial support. Contact our office today for a free consultation to explore your legal options.