Maryland – Wrongful Death

Wrongful Death Lawyers in Maryland

Helping Grieving Family Members Seek Justice and Recover Damages After the Fatal Accident That Claimed the Life of a Loved One

If you are reading this page, then chances are you are in a state of grief after a loved one died in a fatal accident or deadly incident. Suppose someone else’s negligence or malicious actions cause a person’s death. In that case, the family members or personal representatives of the deceased person may be able to hold the at-fault party financially accountable by filing a wrongful death claim. While no amount of financial recovery can ever hope to return your lost loved ones to you and may not truly ease the emotional pain of your loss, recovered damages can help pay for funeral expenses, cover medical bills incurred before death, and more. While family members attempt to find closure and peace in the new lives they must lead, the civil lawsuit can help them remain financially secure without concern about lost wages or other expenses related to the accident.

Wrongful death cases can be complicated, particularly when insurance companies or lawyers for the defense argue that the deceased person was partially responsible for their injuries, explore legal options for defending the defendant’s actions, or limit the value of the wrongful death lawsuit. Because of this, it is highly recommended that you work with an experienced legal team when filing a wrongful death action against the at-fault party in pursuit of justice and financial recovery. Remember, you do not need to go through this legal process alone. Help is available, and we’re only a phone call away.

Our Maryland law firm can help you take legal action against the at-fault parties responsible for your loved one’s injuries and untimely demise. Our Maryland wrongful death lawyers operate on a contingency fee basis, meaning that you will not owe us a dime in legal fees unless and until we can win a settlement for your case. We will explore all potential avenues to help you get the financial compensation you require and deserve for your wrongful death case.

Please get in touch with our law office to hear the many benefits of hiring a Maryland wrongful death lawyer for your case. Every case review is risk-free and comes with no obligation to you to retain our legal services. Additionally, every free consultation is confidential, so you can rest assured that anything you discuss during the case evaluation shall remain between you and the attorneys.

What is Maryland’s Wrongful Death Statute?

Wrongful death civil lawsuits are legal actions filed under the Maryland wrongful death statutes. 

In Maryland, when a person is killed in the wrongful act of another individual, their close relatives often have the legal right to seek financial recovery for both economic losses as well as non-economic damages such as emotional suffering or mental anguish. Experienced wrongful death attorneys can file lawsuits on behalf of the deceased surviving loved ones in cases involving motor vehicle accidents, medical malpractice, assault or murder, and other instances of tragic mistakes or violent intention.

Maryland recognizes two different types of wrongful death cases: wrongful death claims and survival actions. Each type of legal action has a distinct purpose and addresses various issues related to losing a loved one and how that loss impacts their family members. To ensure you can file a wrongful death claim or survival action, please contact our Maryland law office to schedule your free initial consultation today.

What Types of Accidents and Wrongful Acts Frequently Result in Fatalities?

Wrongful deaths can magically occur in many ways. Sometimes, such as in extreme accidents with devastating impact, it may be easy to anticipate the possibility of someone losing their life. Other times, an unfortunate wrongful death may have occurred in a case of apparent bad luck, as the deceased person was in the wrong place at the wrong time and could not escape their fate.

Examples of accidents that frequently result in fatalities and wrongful death claims include the following:

  • Accidental drownings
  • Assaults and acts of violence
  • Bicycle accidents
  • Boating accidents
  • Bus accidents, including school bus accidents
  • Carbon monoxide poisoning
  • Commercial trucking accidents and delivery vehicle accidents
  • Construction site accidents
  • Criminal acts
  • Deaths caused by inadequate or negligent security
  • Defective product liability cases
  • Defense Base Act cases
  • Dog bites and animal attacks
  • Drug and pharmaceutical-related fatalities
  • Electrocution
  • Fires, explosions, and smoke inhalation
  • Hit-and-run incidents
  • Medical malpractice or medical negligence
  • Motorcycle accidents
  • Passenger car accidents
  • Pedestrian accidents
  • Slip-and-fall accidents and other types of premises liability cases
  • Workplace accidents

Do You Have a Valid Wrongful Death Claim?

A wrongful death occurs when an injured person loses their life because someone else, either intentionally or carelessly, acted and caused the injuries that resulted in the individual’s ultimate passing. Essentially, if the injured person had survived their injuries, they would have been able to file a personal injury lawsuit; however, since they have died, the responsibility falls to their surviving loved ones or the estate’s personal representative to take legal action on their behalf.

A few key factors should be considered to determine whether you have a valid wrongful death case.

Was the individual’s death caused by misconduct, negligence, recklessness, or malicious intent? To have a wrongful death case, you must demonstrate that your loved one’s death was caused by negligence, recklessness, or malicious intent. Examples may include reckless driving in an auto accident, drunk driving, criminal actions, and more.

You must determine whether you are eligible to file the wrongful death claim. In Maryland, only specific individuals are legally allowed to file wrongful death lawsuits.

As with personal injury cases, strong supporting evidence is essential in a wrongful death case. You and your attorney must establish that the at-fault party owed a duty of care to the deceased and that the breach of that duty resulted in injuries and death. Valuable evidence may include witness statements, medical records, accident reports, surveillance footage, and testimony from expert witnesses.

Your wrongful death case must demonstrate that the untimely passing of your loved one resulted in real damages to the family unit and all surviving loved ones. For example, you must establish that the accident and the resulting death were connected to funeral expenses, burial costs, memorial expenses, medical bills, loss of income, lost companionship or guidance, and emotional pain and suffering. 

Finally, the claim must be filed within the statute of limitations.

What Are Survival Actions?

Survival actions are meant to compensate for the financial damages suffered by the deceased between the time of their injury and their untimely death. Essentially, a survival action case provides estates the ability to pursue claims on behalf of the deceased in a manner that the deceased could have filed had they survived their injuries.

The personal representative or the estate executor can file survival actions. In many cases, this individual will be named in the deceased’s last will and testament or otherwise appointed by the courts.

Financial compensation in a survival action could include medical expenses incurred because of the injuries, physical pain and suffering experienced by the deceased, lost wages, property damage, and, if it is not covered in a wrongful death claim, funeral or burial expenses.

Who Can File a Wrongful Death Lawsuit in Maryland?

Not everyone gets to file a wrongful death claim after the tragic passing of a friend or relative. In Maryland, the law only allows certain family members to file a wrongful death lawsuit against the responsible parties. 

Under the law, wrongful death suits are typically brought by the surviving spouse, parents, or children of the deceased.

Secondary beneficiaries could file lawsuits if there are no primary beneficiaries at the time of the individual’s death. Secondary beneficiaries may include relatives by blood or marriage who were substantially dependent upon the deceased.

Relatives or loved ones who were not dependent upon the deceased and who are neither primary nor secondary beneficiaries will not be able to file wrongful death claims. 

What Sort of Economic or Non-Economic Damages Could Be Recoverable in a Successful Wrongful Death Suit? 

The amount of compensation awarded in a successful wrongful death lawsuit is primarily determined by the circumstances of the decedent’s life and standard of living, the way they were injured and died, and the long-term effects of their deaths on the lives of the plaintiffs. Claimants can sometimes reach multi-million-dollar settlements or judgments in wrongful death cases.

If your legal action succeeds, you may recover economic and non-economic damages.

Financial compensation may include the following:

  • Lost benefits, such as pensions or health insurance
  • Medical expenses
  • Loss of income or wages of the deceased
  • Funeral, burial, and memorial expenses
  • Loss of inheritance
  • Physical pain and suffering endured by the deceased before death
  • Loss of companionship or consortium
  • Emotional pain and mental anguish suffered by surviving family members
  • Loss of care, guidance, parental advice, protection, and nurturing

In extreme cases where the defendant’s conduct was especially malicious or egregious, Maryland may also award punitive damages. According to the law, punitive damages may be awarded in cases involving a sense of deliberate wrongdoing, evil motive, ill will, fraud, or the intent to injure.

While there is no limit on the amount the claimants may recover in economic damages, there is a cap on non-economic damages in Maryland.

Is There a Deadline for Filing Wrongful Death Claims?

Wrongful death actions must be commenced within a time window of three years after the death of the fatally injured individual. 

There may be certain exceptions to the rule, however, including in cases caused by toxic exposure, deaths of minors, and deaths caused by government entities. It is essential that you file your wrongful death claim within the statute of limitations or else risk losing your chance at financial recovery.

Do not delay in contacting our Maryland lawyers to discuss your wrongful death case in more detail today.

Contact Our Law Firm to Schedule Your Free Legal Consultation with Our Maryland Wrongful Death Attorneys Today

The Dorsey Law Firm proudly serves the community of Southern Maryland in the practice of personal injury and wrongful death cases. If you have tragically lost a loved one in a wrongful death accident, we offer our sincerest condolences to you and your family. While no financial recovery can ever hope to return your loved ones to you, we want to make things easier for you and the rest of your family by securing adequate financial compensation.

Our legal team has over 30 years of experience representing clients in and around Southern MD. As your legal representation, we will explore all options to help you get the settlement you deserve in your wrongful death case.

To learn more about the benefits of retaining our legal counsel, please get in touch with us to schedule your free consultation today. You can reach us at 240-887-0414.