A wrongful death can leave your family facing emotional and financial hardship, with unexpected expenses and the pain of losing a loved one. Your Towson wrongful death lawyer from Schochor, Staton, Goldberg and Cardea, P.A. has decades of combined trial experience and is ready to fight for justice on your behalf. Speak with us today to discuss your rights and explore your legal options.

Understanding Wrongful Death Claims in Maryland

Maryland law defines wrongful death as a fatality caused by another person’s negligence, recklessness, or intentional wrongdoing. Under Md. Code, Cts. & Jud. Proc. § 3-904, surviving family members have the right to seek compensation for the losses they have suffered as a result of their loved one’s passing. Recoverable damages in a wrongful death claim include:

  • Financial costs – Medical bills, funeral expenses, lost future income, and loss of financial support.
  • Emotional losses – Mental anguish, loss of companionship, loss of parental guidance, and loss of comfort.

Families must act quickly, as Maryland law imposes a three-year statute of limitations from the date of death. Filing within this timeframe is critical to preserving your right to recover compensation.

Wrongful Death vs. Survival Action in Maryland

A wrongful death action compensates surviving family members for their own losses. This includes damages such as funeral expenses, emotional distress, and the financial support the deceased would have provided. The goal of a wrongful death claim is to ease the financial and emotional impact of losing a loved one.

A survival action is filed by the deceased’s estate to recover damages the victim could have claimed if they had survived. These claims seek compensation for medical bills, lost wages, and the pain and suffering the deceased endured before their death.

Both claims can be pursued simultaneously to maximize compensation. By combining these legal actions, families can recover damages for both their personal losses and the suffering their loved one experienced before passing.

Who Can File a Wrongful Death Claim in Maryland

Maryland law prioritizes primary beneficiaries when determining who can file a wrongful death claim. These individuals include:

  • Spouse
  • Children
  • Parents

If no primary beneficiaries are alive, secondary beneficiaries may have the right to file. These include:

  • Siblings
  • Cousins
  • Other relatives who were financially dependent on the deceased

Only one wrongful death lawsuit may be filed per case, meaning all eligible beneficiaries must be included in the claim. Failing to do so could impact your ability to recover compensation.

Maryland’s Statute of Limitations for Wrongful Death

Maryland law sets a three-year deadline from the date of death to file a wrongful death claim under § 3-904(g) of the Courts & Judicial Proceedings Article. If you miss this deadline, you may lose the right to seek compensation.

Some exceptions apply. Cases involving occupational diseases, such as asbestos-related illnesses, may have extended deadlines based on when the illness was discovered. Taking legal action as soon as possible helps preserve critical evidence and protects your family’s legal rights.

Common Causes of Wrongful Death in Towson, MD

Motor Vehicle Accidents

Fatal car, truck, and motorcycle accidents are among the leading causes of wrongful death claims in Towson. Many of these collisions are caused by reckless or negligent behavior, including:

  • Distracted driving
  • Impaired driving
  • Speeding
  • Running red lights
  • Unsafe lane changes
  • Mechanical failures
  • Poor road conditions

Pedestrian and Bicycle Accidents

Pedestrians and cyclists are particularly vulnerable to fatal accidents in Towson, especially in areas with high traffic volume and limited safe crossings. Some of the most common causes of pedestrian and bicycle deaths include:

  • Failure to yield
  • Distracted drivers
  • Speeding in residential areas
  • Poorly designed crosswalks
  • Left-turn accidents
  • Drunk driving

Medical Malpractice

When medical professionals fail to meet the standard of care, patients can suffer fatal consequences. Wrongful death claims due to medical malpractice often involve:

  • Anesthesia errors
  • Birth injuries
  • Delayed diagnosis
  • Hospital-acquired infections
  • Medication mistakes
  • Misdiagnosis 
  • Surgical errors

Workplace and Construction Accidents

Some of the most dangerous workplaces involve construction sites, manufacturing plants, and industrial facilities. Fatal workplace accidents frequently result from:

  • Falls from heights
  • Machinery malfunctions
  • Electrocution
  • Fires and explosions
  • Toxic exposure
  • Vehicle-related incidents

Premises Liability and Other Fatal Accidents

Property owners have a duty to maintain safe conditions for visitors, but unsafe premises can lead to fatal injuries. Wrongful death claims related to dangerous property conditions often involve:

  • Slips and falls
  • Fire hazards
  • Carbon monoxide poisoning
  • Collapsing structures
  • Negligent security
  • Swimming pool accidents

Defective products can also lead to fatal injuries, including:

  • Automotive defects
  • Dangerous pharmaceuticals
  • Unsafe medical devices
  • Faulty household appliances
  • Contaminated food products

How Negligence Leads to Wrongful Death Claims

Regardless of the type of accident, negligence is a common factor in most wrongful death cases. Whether it is a distracted driver, a careless property owner, or a negligent medical provider, wrongful death claims are built on proving that a failure to act responsibly led to a preventable fatality. Establishing liability often requires a thorough investigation, expert testimony, and strong legal representation.

Establishing Negligence and Liability

To hold someone legally responsible for a wrongful death, you must prove four key elements:

  • Duty of care 
  • Breach of duty 
  • Causation 
  • Damages 

Maryland adheres to contributory negligence laws. Per the Maryland Department of Legislative Services, if your loved one was even 1% at fault, your family may be barred from recovering compensation. Insurance companies often attempt to use this law to deny claims. A thorough investigation can help refute these arguments by gathering evidence such as accident reports, surveillance footage, and expert testimony.

Types of Compensation in a Towson Wrongful Death Claim

Economic Damages

Financial losses in a wrongful death claim may include:

  • Medical bills
  • Funeral and burial expenses
  • Loss of future income
  • Loss of benefits
  • Loss of household services

Non-Economic Damages

Compensation is also available for the emotional impact of losing a loved one. These damages may include:

  • Mental anguish
  • Emotional distress
  • Loss of companionship
  • Loss of parental guidance
  • Loss of consortium

Survival Action Damages

A survival action allows the deceased’s estate to recover compensation for losses the victim suffered before passing. These damages may include:

  • Medical expenses incurred before death
  • Lost wages between the injury and death
  • Pain and suffering experienced by the deceased

A wrongful death claim and a survival action can be pursued together to maximize financial recovery for your family.

How a Towson Wrongful Death Lawyer Can Help

Investigation

Building a strong wrongful death claim requires gathering extensive evidence. Our attorneys work with accident reconstruction experts, medical professionals, and investigators to collect police reports, medical records, and witness statements.

A thorough investigation helps establish liability and prove negligence. Whether the death resulted from a motor vehicle accident, medical malpractice, or a workplace injury, identifying critical evidence is key to securing compensation.

Identifying Liable Parties

Wrongful death cases often involve multiple responsible parties. Potential defendants in a claim may include:

  • Negligent drivers
  • Trucking companies
  • Property owners
  • Medical providers
  • Manufacturers of defective products
  • Government entities responsible for road maintenance

Dealing with Insurance Companies

Insurance adjusters often attempt to minimize payouts by offering low settlements or shifting blame. Our firm protects your claim by:

  • Negotiating directly with insurers
  • Challenging unfair settlement offers
  • Preventing contributory negligence claims that could bar compensation

Negotiation and Settlement

Many wrongful death claims are resolved through settlement negotiations. Our attorneys assess the full value of your claim and negotiate aggressively to recover damages for:

  • Medical bills
  • Funeral and burial costs
  • Lost income and benefits
  • Emotional suffering and loss of companionship

Litigation and Trial

If a settlement cannot be reached, our trial attorneys will present a compelling case in court. Litigation involves:

  • Filing lawsuits within legal deadlines
  • Presenting expert testimony and evidence
  • Countering defense strategies designed to minimize liability

Support and Guidance

Losing a loved one is emotionally devastating, and legal proceedings can feel overwhelming. Our firm provides compassionate guidance throughout the case by:

  • Keeping you informed at every stage
  • Offering personalized legal strategies
  • Working on a contingency fee basis so you pay nothing unless we win

Why Choose Our Law Firm

Local Knowledge of Towson

We understand the legal system, court procedures, and common accident locations in Towson. This experience helps us anticipate challenges and build stronger cases for our clients.

Proven Results

Our attorneys have recovered substantial settlements and verdicts for families who have lost loved ones due to negligence. We fight for maximum compensation in every case.

Client-Focused Approach

We prioritize communication, respect, and compassionate legal guidance. Your family’s well-being is our top priority, and we are committed to making this process as stress-free as possible.

Comprehensive Resources

Our firm has access to top industry experts, cutting-edge research tools, and extensive case preparation strategies. We build strong cases that stand up to insurance companies and in court.

Commitment to Justice

Wrongful death claims are about more than financial compensation—they are about accountability. We are dedicated to holding negligent parties responsible and helping families secure the justice they deserve.

Your Wrongful Death Lawyer in Towson Is Available for a Free Consultation

The legal process following a wrongful death is time-sensitive, and waiting too long could put your claim at risk. Your wrongful death attorney in Towson with Schochor, Staton, Goldberg and Cardea, P.A. offers contingency fee representation, meaning you pay nothing unless we win your case. Call our office or fill out our contact form today to schedule your free consultation.