Who is eligible to file a wrongful death claim in Maryland?

Let's Get Started
On Your Case

wrongful death claims holding hands partners couples marriage married

There is nothing more painful than losing someone you love. It is even more painful when their death could have been prevented. Unfortunately, individuals may pass away due to another person’s negligent actions. Wrongful death cases are extremely complex and require the help of a dedicated lawyer. If you have lost a loved one due to another person’s negligence, contact an experienced St. Mary’s Wrongful Death Lawyer who can help you recover just compensation for your unthinkable loss. With years of experience, we can help you seek justice for your loved one by holding negligent parties accountable for their actions.

What is “wrongful death” in Maryland?

Wrongful death claims are very different from personal injury claims. According to Maryland’s laws, “wrongful death” is a death that is caused by a “wrongful act” or in others words a negligent or felonious act.

Who is eligible?

Although an individual may lose their love one due to another party’s negligent actions, not everyone is eligible to file a wrongful death claim in Maryland. In Maryland, the only parties who are eligible to file a claim are a spouse, a child, or a parent of the decedent. However, if the decedent did not leave behind a spouse, a child, or a parent, then anyone who is by blood or marriage related to the victim that was significantly dependent on the decedent is legally permitted to file a claim.

How long do I have to file a claim?

In Maryland, individuals who lose their loved one due to another party’s negligence has three years from the date of their loved one’s death. Individuals who neglect to file a claim within this time frame risk their chance of recovering financial compensation for the loss of their loved one. However, there is an exception. Individuals who died from an occupational disease which can occur when a person is exposed to toxic substances from their workplace. In this case, individuals have ten years from the death of the death or three years of the date the occupational disease was discovered as the cause of the individual’s death. To recover financial compensation, individuals must fulfill the burden of proof. This requires individuals who bring a wrongful death claim to prove their loved one’s death was a direct result of another party’s negligence. They must prove if the negligent party acted differently, the deceased individual would otherwise still be alive. Furthermore, Maryland places a cap on non-economic damages in wrongful death suits. Non-economic damages are subjective losses. Individuals are limited to recovering $845,000 if they have a single beneficiary. This amount is increased each year by $15,000. However, claims that involve medical malpractice have different caps.

If you have lost a loved one due to another person’s negligent actions, please don’t hesitate to reach out to one of our determined and skilled team members who can help you file a wrongful death claim.