Wrongful Death Laws in Maryland
Losing someone close to you because of another person’s carelessness or misconduct is a life-changing experience. In Maryland, wrongful death laws provide a legal way for surviving family members to seek justice and compensation. While no legal action can undo the pain of your loss, pursuing a wrongful death claim may help cover expenses and provide some financial stability during a difficult time.
Who Can File a Wrongful Death Claim in Maryland?
Maryland recognizes two types of wrongful death actions: wrongful death and survival actions.
- A wrongful death action is filed by close family members who suffered a personal loss.
- A survival action is filed by the estate to recover damages the deceased would have been entitled to if they had survived.
Those who can file a wrongful death claim include:
- The spouse
- Children
- Parents
If none of these people are available, other relatives who depended on the deceased may be able to file a claim.
What Counts as a Wrongful Death?
A wrongful death happens when someone dies due to another party’s negligence, recklessness, or intentional act. Common examples in Maryland include:
- Auto accidents
- Medical malpractice
- Nursing home neglect or abuse
- Criminal activity
- Workplace accidents
- Dangerous property or defective products
These claims are handled in civil court and are completely separate from any criminal charges the responsible party may face.
What Compensation Is Available?
Maryland allows compensation for both economic and non-economic losses in wrongful death cases, including:
- Medical bills related to the fatal injury
- Funeral and burial expenses
- Loss of the deceased’s financial support
- Loss of companionship, care, and guidance
- Mental anguish and emotional suffering
Maryland places caps on non-economic damages. As of 2025, the cap on wrongful death claims involving two or more beneficiaries is approximately $1,050,000, though this number is adjusted annually.
What Is the Time Limit to File?
The statute of limitations for wrongful death in Maryland is three years from the date of death. If the claim is not filed within this time frame, the right to seek damages may be lost.
There are some exceptions for deaths involving exposure to toxic substances, but in most cases, acting quickly is essential.
Car Accidents and Wrongful Death in Maryland
Car crashes are one of the leading causes of wrongful death in Maryland. If someone’s negligence—like distracted driving or impaired driving—led to a fatal accident, surviving family members can pursue a wrongful death claim.
Maryland follows a contributory negligence rule, which means that if the deceased was even slightly at fault, the claim may be barred. This makes it especially important to work with an experienced attorney.
Work-Related Deaths and Additional Claims
If your loved one died in a workplace accident, workers’ compensation death benefits may be available. These typically include wage replacement and funeral expenses.
If a third party (someone other than the employer) contributed to the death, the family may also be eligible to file a separate wrongful death lawsuit for additional compensation.
Frequently Asked Questions About Wrongful Death in Maryland
Who receives the compensation in a wrongful death case?
Typically, the spouse, children, or parents of the deceased receive the compensation. If none of these parties exist, other relatives who were financially dependent on the deceased may qualify.
Are punitive damages allowed?
Punitive damages are rare in Maryland wrongful death claims and are only awarded in cases involving actual malice or extremely reckless conduct.
What’s the difference between a wrongful death action and a survival action?
A wrongful death action compensates family members for their personal loss. A survival action is brought by the estate and seeks damages the deceased could have claimed if they had survived, such as medical bills or pain and suffering before death.
Can more than one claim be filed?
Yes. A wrongful death claim and a survival action are often filed together, but they serve different purposes and benefit different parties.
Contact a Maryland Wrongful Death Attorney
If your family is facing the pain of a wrongful death, don’t face the legal system alone. A wrongful death attorney in Maryland can help you understand your rights, file the necessary claims, and pursue fair compensation. Reach out today for a confidential consultation and compassionate legal support.