Maryland Wrongful Death Lawyer

Who can bring a wrongful death claim in Maryland?

Maryland gives wrongful death claims first to the primary beneficiaries: the spouse, parents and children of the person who died. If none exist, certain relatives by blood or marriage who were substantially dependent on the person may bring the claim.

All eligible primary beneficiaries are generally included in one case, even if only one files it. That prevents separate lawsuits and helps the court divide any recovery fairly. Adult children and parents of adult children can be primary beneficiaries, which is broader than in some states. Secondary beneficiaries face a higher bar, because they generally must show they were substantially dependent on the person who died.

A wrongful death case can also be filed while the estate is still being opened, since the wrongful death claim belongs to the beneficiaries rather than the estate. The survival action, by contrast, requires a personal representative, so starting probate early keeps both claims moving together.

How is a survival action different?

A survival action is brought by the personal representative of the estate and recovers the person's own losses. The wrongful death claim compensates the family's losses.

Wrongful death claim

This covers losses the family suffers, including loss of financial support and household services, and noneconomic losses such as mental anguish, emotional pain, and loss of companionship, comfort, guidance and protection.

Survival action

This covers the person's own losses between injury and death, including medical bills, lost wages and conscious pain and suffering, along with funeral expenses.

The two are often filed together, but they have different plaintiffs, different damages and different rules on how money is distributed.

How long do Maryland families have to file?

Generally 3 years from the date of death for a wrongful death claim. Related claims may have different timing, so they should be checked early.

A survival action is tied to the injury itself, so its timing may be measured from the injury rather than the death. A death caused by medical malpractice involves the Health Care Alternative Dispute Resolution Office process and expert certificate rules. A death involving a city or county vehicle or property generally requires written notice to the local government within 1 year. Because of these overlapping rules, we confirm each deadline at the first meeting.

Can the person's own fault bar the family's claim?

Yes. Maryland contributory negligence applies to wrongful death claims, so if the person who died is found even slightly at fault, the family may recover nothing.

Example: a man is killed when a pickup runs a red light on Route 40 in Hagerstown. The defense claims he entered the intersection late in a yellow phase. The family's damages are substantial, including lost support and noneconomic losses.

• If the jury finds the pickup driver solely at fault, the family recovers economic losses in full, with noneconomic damages subject to Maryland's caps.
• If the jury finds the man contributed even slightly, the family may recover nothing.

In a pure comparative fault state, a 5% fault finding would reduce a $1,000,000 recovery to $950,000. In Maryland, it can erase it. Signal timing, video and reconstruction often decide these disputes. Our Maryland car accident page explains how crash evidence is gathered.

How do Maryland's damage caps apply to death claims?

Maryland caps noneconomic damages in wrongful death cases. When two or more beneficiaries claim, a separate overall limit applies to their combined noneconomic damages.

Economic losses, such as lost support, lost household services and funeral costs, are not capped. That makes thorough documentation of the person's earnings, benefits and contributions to the household especially valuable.

What about a criminal case?

The criminal and civil cases are separate. A prosecutor may charge a drunk driver or another wrongdoer, but the family's civil case seeks compensation and uses a lower standard of proof. A conviction can be useful evidence, and families do not need to wait for the criminal case to end.

Fatal claims in Maryland often arise from beltway and highway crashes, construction and port incidents, medical errors and nursing home neglect. Workplace deaths may involve workers' compensation death benefits, with separate claims against outside companies. Read more about wrongful death claims and workplace and construction injuries, or visit our Maryland injury guide. We offer a free case review, and there is no fee unless we win.