Wrongful death claims exist to help families seek justice when a loved one is taken too soon due to negligence. Your Wheaton wrongful death lawyer from Schochor, Staton, Goldberg and Cardea, P.A. takes on the biggest corporations—and we win. Let our firm provide the legal support your family needs to pursue accountability and financial recovery.
Legal Basis for Wrongful Death Claims in Maryland
Maryland law allows surviving family members to file a wrongful death lawsuit when a loved one’s death results from negligence, recklessness, or intentional misconduct. Under Md. Code, Cts. & Jud. Proc. § 3-904, beneficiaries may seek financial compensation for the loss of their loved one’s support, companionship, and income. A wrongful death claim is distinct from a survival action, which allows the deceased’s estate to recover damages the victim would have been entitled to had they survived.
Key Elements of a Valid Wrongful Death Claim
To succeed in a wrongful death lawsuit, claimants must prove:
- The death resulted from negligence or misconduct
- Eligible beneficiaries suffered financial or emotional losses
- The claim is filed within three years from the date of death unless certain exceptions apply
Civil vs. Criminal Proceedings
A wrongful death lawsuit is separate from any criminal case that may arise from the same incident. Even if the responsible party is charged with a crime, a civil lawsuit focuses on financial compensation rather than punishment.
Families can pursue a wrongful death claim regardless of whether criminal charges are filed or result in a conviction. Civil claims have a lower burden of proof, meaning financial liability can still be established even if a criminal case does not succeed.
One Action Rule
Maryland follows the One Action Rule, meaning that only one wrongful death lawsuit may be filed per victim. All eligible beneficiaries must be included in the case, and failure to notify or include them can lead to legal challenges.
Proper legal representation ensures that all qualified claimants are identified and included in the lawsuit. Filing a collective claim helps prevent disputes and ensures fair distribution of compensation among surviving family members.
Types of Damages Available in Maryland Wrongful Death Claims
Economic Damages
Families who lose a loved one due to negligence often face significant financial burdens. Recoverable economic damages include medical expenses, funeral and burial costs, loss of income and financial support, and loss of household services. These damages help ease the financial strain that results from an unexpected death.
Non-Economic Damages
Wrongful death claims also allow families to recover compensation for emotional suffering. Non-economic damages include loss of companionship, society, and comfort, as well as the emotional pain and suffering experienced by surviving family members. These damages acknowledge the deep emotional toll of losing a loved one.
In cases where the victim experienced conscious pain and suffering before death, a survival action may be pursued. This claim, brought by the estate, seeks compensation for the deceased’s pain and suffering, medical costs, and lost wages before passing. Wrongful death and survival actions can be filed together to maximize financial recovery.
State Cap on Non-Economic Damages
Maryland imposes a cap on non-economic damages in wrongful death claims, which is adjusted annually. While this cap limits recovery for emotional distress, economic damages remain uncapped, allowing families to pursue full compensation for financial losses. Understanding how these laws apply is critical in assessing the total value of a wrongful death claim.
Common Types of Fatal Accidents in Wheaton, Maryland
Motor Vehicle Collisions
Fatal traffic accidents occur regularly on Wheaton’s busy roads. Many wrongful death claims involve car, truck, motorcycle, bus, and commercial vehicle crashes. Victims may be drivers, passengers, pedestrians, or cyclists who suffer fatal injuries due to negligent driving.
Common causes of deadly crashes include drunk driving, speeding, distracted driving, reckless lane changes, and failure to yield. Liability in these cases may fall on negligent drivers, commercial trucking companies, or even government entities responsible for maintaining safe road conditions.
Pedestrian and Bicycle Accidents
Wheaton’s urban setting contributes to a higher risk of fatal pedestrian and bicycle accidents. Many of these tragedies occur at intersections, crosswalks, and high-traffic areas where drivers fail to yield the right-of-way.
Driver negligence plays a major role in these fatalities. Common factors include distracted driving, failure to check blind spots, excessive speed, and impaired driving. Families of pedestrians and cyclists killed in preventable crashes may pursue a wrongful death claim against the responsible driver.
Workplace and Construction Accidents
Workplace fatalities often involve falls, electrocutions, equipment failures, and exposure to hazardous substances. High-risk industries such as construction, manufacturing, and transportation see the most work-related fatalities, but wrongful death claims can arise from any unsafe working conditions.
In addition to workers’ compensation, families may have the right to file a wrongful death lawsuit against third parties such as subcontractors, equipment manufacturers, or property owners. These claims can provide additional financial recovery beyond what workers’ compensation benefits offer.
Medical Malpractice and Nursing Home Negligence
Fatalities due to medical negligence are among the most devastating wrongful death claims. Many cases involve doctor errors, misdiagnoses, medication mistakes, surgical complications, or anesthesia-related deaths. Healthcare providers are held to a strict standard of care, and families may seek compensation when that standard is violated.
Nursing home residents are also vulnerable to neglect and abuse that can lead to fatal consequences. Wrongful death claims against nursing homes often involve malnutrition, dehydration, untreated infections, medication mismanagement, or physical abuse. Holding negligent facilities accountable can help protect other vulnerable residents from similar harm.
Other Important Legal Considerations in Wrongful Death Cases
Wrongful Death vs. Survival Actions
Maryland law recognizes wrongful death claims and survival actions as two separate legal avenues. A wrongful death claim is brought by surviving beneficiaries to recover damages for their personal losses, such as loss of companionship and financial support. A survival action, on the other hand, is filed by the deceased’s estate to recover damages the victim could have pursued if they had survived, including medical expenses and conscious pain and suffering.
Families may file both claims simultaneously to maximize financial recovery. While wrongful death damages compensate the family, survival action damages benefit the deceased’s estate and may be distributed to heirs according to Maryland’s estate laws.
Interaction with Criminal Cases
A wrongful death lawsuit is separate from any criminal proceedings against the responsible party. While criminal charges may result in penalties such as imprisonment, a wrongful death claim seeks financial compensation for surviving family members.
Because civil lawsuits have a lower burden of proof, families can pursue a wrongful death claim even if the defendant is not convicted in criminal court. These claims provide a path to justice when criminal penalties are insufficient or do not apply.
Maryland-Specific Laws Impacting Wrongful Death Claims
Statute of Limitations
Families have three years from the date of death to file a wrongful death claim. If a claim is not filed within this period, the right to recover damages is lost.
There are limited exceptions to this rule, as outlined under § 3-904(g) of the Courts & Judicial Proceedings Article. In cases involving occupational diseases, such as mesothelioma from asbestos exposure, the filing deadline may begin when the disease is diagnosed. In rare cases, the discovery of previously concealed wrongdoing may also extend the deadline.
Defined Beneficiaries Under State Law
Maryland law strictly defines who can file a wrongful death claim. Eligible beneficiaries include:
- Primary beneficiaries – Spouse, children, and parents of the deceased
- Secondary beneficiaries – Siblings, stepchildren, and other financially dependent relatives if no primary beneficiaries exist
Non-statutory relationships, such as close friends or distant relatives without financial dependence, are not eligible to file a wrongful death claim. The law prioritizes those who suffered the greatest financial and emotional impact from the death.
Medical Malpractice Prerequisites
Wrongful death claims involving medical malpractice have additional legal requirements. Maryland law requires that claims be filed with the Health Care Alternative Dispute Resolution Office (HCADRO) before proceeding in court.
Additionally, a certificate of merit from a qualified medical expert must be submitted, verifying that the healthcare provider failed to meet the accepted standard of care. Medical malpractice cases are also subject to separate damage caps that apply specifically to claims involving medical negligence.
Your Wrongful Death Lawyer in Wheaton Can Help You Take Action
The path to justice starts with experienced legal representation and a strategy tailored to your family’s needs. Your wrongful death attorney in Wheaton with Schochor, Staton, Goldberg and Cardea, P.A. will fight to secure the maximum compensation available under Maryland law. Call our office or submit our contact form today to schedule your free case review.