Losing a loved one is a painful experience, especially when someone else’s negligent or intentional actions caused their death. Understanding wrongful death claims in Maryland is vital for surviving family members who rely on the income, companionship, and guidance of the departed. Through a wrongful death claim, you and your family can seek compensation and accountability for what you’ve suffered.
What Is Wrongful Death?
In Maryland, a death is wrongful if it results from another party’s “act, neglect, or default.” In other words, if your loved one had survived the injuries they sustained, they would be able to file a personal injury claim against the at-fault party. Because they did not, your family can seek compensation through a wrongful death claim instead.
Wrongful Death Statute of Limitations
Maryland law establishes how long survivors have in which to pursue a wrongful death claim. If the death resulted from negligence—that is, someone’s carelessness—then the statute of limitations provides a deadline of three years from the date of death. If the death resulted from criminal homicide, then the deadline is three years from when the identity of the perpetrator becomes public.
The exception to this three-year limitation is when the death results from an occupational illness. In this case, the surviving family has ten years after the death or three years after discovering the cause of death, whichever is shorter.
Who Can File a Wrongful Death Claim in Maryland?
In Maryland, only certain family members can file wrongful death claims. The primary beneficiaries who have the first opportunity to file are:
- The spouse of the deceased
- A parent of the deceased if the deceased was either a minor child, unmarried and 21 years old or younger, or unmarried and financially dependent on their parent
- A minor child of the deceased
If there is no qualifying spouse, parent, or child, then any person related to the deceased by blood or marriage who was substantially dependent upon the deceased may file a claim.
Compensation in Wrongful Death Claims
The compensation you can seek through a wrongful death claim includes economic and non-economic damages. Economic damages are your losses with tangible value, such as the loss of income your loved one will no longer be able to provide you. Non-economic damages are those whose value is subjective, and can include:
- Emotional distress experienced as a result of losing your loved one
- The loss of companionship, comfort, guidance, care, and more that your loved one would have provided
Note that Maryland places a cap on non-economic damages in wrongful death claims depending on the number of beneficiaries. A separate cap applies to wrongful death claims involving medical malpractice.
How a Wrongful Death Attorney Can Help
A wrongful death attorney makes the legal process easier for you and your family by:
- Investigating the circumstances surrounding your loved one’s death and determining who is at fault
- Gathering evidence to support your claims for compensation, including financial statements, witness testimony, photos and videos, and more
- Filing the wrongful death claim on your behalf within the deadline established by the statute of limitations
- Representing you in settlement negotiations with the at-fault party and their insurer
- Presenting your case before a judge and jury if the at-fault party won’t make you a reasonable offer
Contact Our Maryland Wrongful Death Attorneys
If someone else’s negligence caused your loved one’s death, you can seek compensation for your loss through a wrongful death claim. Contact Simeone & Miller LLP to get started with a free consultation. One of our experienced wrongful death attorneys will evaluate your case, explain your legal options, and walk you through the claims process. And if you decide to trust us with your case, we will not charge you a fee unless and until we secure compensation on your family’s behalf.
Simeone & Miller LLP, based in Washington, D.C., also provides legal services across Maryland and Virginia. In Maryland, our services extend to Baltimore City, Prince George’s County, Montgomery County, Howard County, and Anne Arundel County. In Virginia, we serve clients in Arlington County, Alexandria, Fairfax County, Fairfax City, Falls Church, Loudoun County, Prince William County, Manassas, and Manassas Park.
