Maryland’s wrongful death laws give families the right to seek justice when negligence takes a loved one too soon. Your Woodlawn wrongful death lawyer from Schochor, Staton, Goldberg and Cardea, P.A. is available 24 hours a day, 7 days a week to provide the legal support you need. If your family is ready to take action, we are here to help you fight for the compensation and accountability you deserve.

Understanding Maryland Wrongful Death Claims

Maryland law defines wrongful death as a fatality caused by another party’s negligence, recklessness, or intentional misconduct. Under Md. Code, Cts. & Jud. Proc. § 3-904, eligible family members may seek compensation for financial and emotional losses.

Wrongful death claims often arise from car accidents, medical malpractice, workplace incidents, defective products, and violent crimes. Proving liability requires demonstrating that the responsible party’s actions directly led to the victim’s death.

Who Can File a Wrongful Death Lawsuit in Maryland?

Maryland law allows certain family members to seek compensation when a loved one’s death results from negligence or misconduct. The law divides potential claimants into two groups based on their legal and financial connection to the deceased.

Primary Beneficiaries

The first right to file belongs to the deceased’s closest family members. These individuals are presumed to suffer the greatest loss and include:

  • Spouses – Entitled to claim financial support and emotional loss.
  • Children – May recover damages for loss of parental guidance and financial contributions.
  • Parents – Can file a claim if the deceased had no spouse or children.

Secondary Beneficiaries

If there are no surviving spouses, children, or parents, extended family members may pursue a wrongful death claim. However, they must show financial dependence on the deceased to qualify. Secondary beneficiaries may include:

  • Siblings who relied on the deceased for financial support.
  • Extended family members with shared living expenses.
  • Relatives who depended on the deceased’s care or assistance.

Maryland law only allows one wrongful death lawsuit per victim, so identifying all eligible claimants is essential before filing a claim.

Proving Negligence and Establishing Liability

For a wrongful death claim to be successful, the responsible party’s actions must have directly caused the fatality. Maryland law requires proving the following elements:

  • Duty of care – The defendant had a responsibility to act in a safe manner.
  • Breach of duty – The defendant failed to uphold that responsibility.
  • Causation – The failure to act safely led to the wrongful death.
  • Damages – The victim’s family suffered emotional or financial losses.

Challenges Posed by Maryland’s Contributory Negligence Rule

Maryland uses strict contributory negligence rules. So if the deceased was even 1% at fault, the family may be barred from recovering compensation. This legal standard makes it easier for insurance companies and defendants to deny claims by shifting blame onto the victim. To counter these tactics, attorneys may use:

  • Expert witness testimony
  • Accident reconstructions
  • Medical records and autopsy reports
  • Surveillance footage
  • Witness statements
  • Police reports

A strong legal strategy is critical to proving full liability on the at-fault party and maximizing financial recovery for surviving family members.

Statute of Limitations

Maryland law imposes a three-year statute of limitations on wrongful death claims. Families must file within three years from the date of death under § 3-904(g) of the Courts & Judicial Proceedings Article to preserve their right to compensation.

Certain cases allow exceptions, including occupational diseases where families may have up to 10 years from the date of death or three years from the discovery of the illness. Additionally, if a homicide’s cause of death was initially hidden, the statute of limitations may be extended.

Damages Available in Maryland Wrongful Death Claims

Economic Damages

Wrongful death claims compensate families for financial losses related to the victim’s passing. These damages may include:

  • Medical expenses incurred before death
  • Funeral and burial costs
  • Lost wages and financial support
  • Loss of future earnings and benefits
  • Out-of-pocket expenses related to the accident
  • Loss of household services provided by the deceased

Keeping receipts, invoices, and financial records strengthens a claim by documenting the full extent of economic losses.

Non-Economic Damages

Families may also recover compensation for emotional and psychological suffering. These damages recognize the deep personal impact of losing a loved one, including:

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

Maryland places a cap on non-economic damages, which is adjusted annually. While these damages are limited by law, economic damages remain uncapped.

Survival Damages

A survival action allows the deceased’s estate to recover compensation for damages the victim experienced before death. This claim may include:

  • Medical bills for treatments prior to death
  • Lost income between the injury and death
  • Conscious pain and suffering endured by the deceased

Unlike a wrongful death claim, survival damages are paid to the estate and then distributed according to Maryland inheritance laws. Pursuing both claims ensures that all financial and personal losses are accounted for.

Common Causes of Wrongful Death in Woodlawn, Maryland

Pedestrian and Bicycle Accidents

Pedestrians and cyclists face significant risks on high-traffic roads where drivers fail to yield or pay attention. Without protective barriers, fatal injuries often occur upon impact. Liability may extend beyond the driver to include municipalities responsible for road design, malfunctioning traffic signals, or poorly marked crosswalks. Identifying all contributing factors helps strengthen a wrongful death claim.

Medical Malpractice

Fatal medical errors happen when doctors, nurses, or hospitals fail to provide proper care. Wrongful death claims involving medical malpractice often stem from:

  • Misdiagnosis or failure to diagnose life-threatening conditions
  • Surgical errors leading to fatal complications
  • Anesthesia mistakes causing preventable deaths
  • Medication overdoses or incorrect prescriptions
  • Infections resulting from hospital negligence
  • Delayed emergency treatment
  • Failure to properly monitor a critical patient

Workplace and Construction Accidents

Work-related fatalities occur when safety violations, equipment failures, or negligent third parties create hazardous job site conditions. Common causes of fatal workplace accidents include:

  • Falls from scaffolding or rooftops
  • Heavy machinery malfunctions
  • Exposure to toxic chemicals
  • Collisions involving work vehicles
  • Unsafe job site conditions
  • Lack of proper fall protection
  • Defective construction tools
  • Electrical hazards
  • Fires and explosions

Dangerous or Defective Products

Manufacturers are responsible for ensuring their products are safe for consumers. When a defective product leads to a fatal injury, wrongful death claims may be filed against:

  • Auto manufacturers for faulty brakes, airbags, or tire defects
  • Pharmaceutical companies for dangerous prescription drugs
  • Medical device manufacturers for defective implants or equipment
  • Household appliance makers for fire hazards or electrical malfunctions
  • Toy companies for hazardous children’s products
  • Food manufacturers for contaminated or mislabeled food products
  • Industrial equipment manufacturers for dangerous machinery defects

Motor Vehicle Accidents

Fatal car crashes in Woodlawn often involve drunk driving, distracted driving, and multi-vehicle collisions. Determining liability can be complex, especially when multiple drivers, commercial vehicles, or defective road conditions contribute to the crash.

Wrongful death claims may hold negligent drivers, trucking companies, or vehicle manufacturers accountable. A thorough investigation is critical to identifying all liable parties and securing compensation for surviving family members.

Premises Liability

Property owners must maintain safe conditions for visitors. When they fail to do so, wrongful death claims may arise due to hazards such as:

  • Unmarked slip-and-fall dangers
  • Poorly maintained stairwells or flooring
  • Unsecured swimming pools
  • Fire hazards with inadequate safety measures
  • Carbon monoxide poisoning from faulty ventilation
  • Falling objects in stores or warehouses
  • Negligent security leading to violent crimes

Wrongful death lawsuits in premises liability cases focus on proving that property owners knew or should have known about the hazard and failed to take corrective action.

Nursing Home Neglect or Abuse

Elderly residents rely on nursing homes and assisted living facilities for medical care and daily support. When neglect or abuse occurs, fatal consequences may follow. Some of the most common wrongful death claims in nursing homes involve:

  • Malnutrition and dehydration
  • Bedsores and untreated infections
  • Overmedication or improper medication management
  • Failure to prevent serious falls
  • Physical or emotional abuse by staff
  • Lack of emergency medical response

Facilities that fail to provide adequate supervision, medical care, or a safe environment may be held liable for wrongful death damages.

Criminal Acts and Negligent Security

Property owners, event organizers, and business owners may be responsible for fatal criminal acts that occur due to inadequate security. Wrongful death claims related to violent crimes often involve:

  • Fatal assaults or shootings at businesses, apartment complexes, or parking lots
  • Lack of security personnel in high-risk areas
  • Poor lighting in stairwells, alleys, or entryways
  • Broken security gates or malfunctioning door locks
  • Ignored crime reports or repeated incidents at the same location
  • Failure to conduct background checks on employees or security personnel
  • Overcrowding or unsafe conditions at concerts or public events

If a property owner fails to take reasonable security measures to prevent foreseeable violence, they may be held accountable in a wrongful death lawsuit.

Your Wrongful Death Lawyer in Woodlawn Is Ready to Assist

The wrongful death claims process is time-sensitive, and waiting too long can impact your ability to recover damages. Your wrongful death attorney in Woodlawn with Schochor, Staton, Goldberg and Cardea, P.A. will guide your family through every step of the legal process. Call our office or fill out our contact form today to schedule a free consultation.