Who Can File a Wrongful Death Lawsuit in Maryland?

If your loved one was killed due to someone else’s wrongful actions in Maryland, you need a wrongful death lawyer to help you in the aftermath of this tragic accident. You may wonder, “Who can file a wrongful death lawsuit in Maryland?” At CHASENBOSCOLO, a wrongful death lawyer can walk you through the legal process as you grieve your loss.

Getting compensation through a wrongful death claim or lawsuit cannot replace your loved one. However, our personal injury legal team will do everything possible to help provide financial security for your family by pursuing the compensation you need. We are proud of our client testimonials and stand by the success of our client’s case results. Contact us online or call (301) 220-0050 for a free consultation on the case of your loved one’s wrongful death. Since we work on a contingency fee basis, you pay nothing unless we win your case.

What Is Wrongful Death?

Maryland law allows the surviving family members to seek and be awarded compensation for the loss of their loved one due to the wrongful acts or neglect of another. What is a wrongful act? A wrongful act for which filing a wrongful death lawsuit may be warranted is any act that would have entitled the deceased to file a claim and seek compensation had they lived. This includes a car accident, medical malpractice, or defective product accidents, among others. 

Who Can Sue For Wrongful Death?

When the wrongful act of another kills someone, and you want to hold them responsible, you need to know who can bring a wrongful death claim. In Maryland, spouses, parents, and children of the decedent can bring a lawsuit against the person or entity responsible for their loved one’s death. However, if the deceased person does not have a surviving spouse, parent, or child, anyone related to the person by blood or marriage who was “substantially dependent” on them may bring a claim. So, if you are wondering, “Can a sibling sue for wrongful death?” the answer is “yes,” as long as they were substantially dependent on their deceased brother or sister.

How Does a Wrongful Death Action Differ From a Survival Action?

A wrongful death action and a survival action are two separate claims arising from the same incident that led to a loved one’s death. In a wrongful death case, the family of the decedent seeks compensation for their losses. For example, if a husband dies in a car accident due to the wrongful action of a drunk driver, his wife can sue the driver for the losses she sustained because of the death. Specifically, she can seek money to replace his lost income and for her loss of his care and companionship and the mental distress she experiences.

A survival action is different from a wrongful death case because it seeks to compensate the individual who was injured and died from those injuries. Their claim survives after their death, and the personal representative of the victim’s estate brings the claim. In the example above, if the husband experienced pain and suffering in the car accident before his death and received medical treatment for which he incurred medical bills, the personal representative could file a survival action to pursue compensation for those on behalf of the estate.

How Soon Must You File a Wrongful Death Claim?

In addition to knowing how to file a wrongful death lawsuit, you must know when to file. The statute of limitations found in the Maryland Wrongful Death Act sets the deadline. The surviving family member eligible to file suit must do so within three years of the decedent’s death. If you file your lawsuit after the statutory period lapses, the court will likely dismiss your case. If that happens, you cannot pursue the money you need through the court system. That’s why you should retain a lawyer immediately. They’ll identify the appropriate deadline and file all your documents on time to preserve your right to pursue compensation in court.

Although three years may seem like a long time, you should contact a wrongful death lawyer as soon as possible so they can start building your case. When you get an attorney involved shortly after the accident that led to your loved one’s death, they can gather and preserve evidence that may not be available later. They’ll conduct a thorough investigation, which may include contacting and interviewing eyewitnesses to capture details about the accident while it is still fresh in their minds. They will request and obtain medical records, income records, the accident or incident report, and any police report. Your attorney will negotiate with the insurance companies involved to reach an appropriate settlement. However, if the insurers refuse to offer you the full and fair settlement you deserve, your attorney will take your case to court.

What Compensation May Be Available in a Wrongful Death Claim?

Every case is different, so the compensation available in each case is different. Your lawyer will advise you concerning the financial compensation you can seek for the losses you suffered due to your loved one’s death. Under Maryland law, you may be eligible to seek money for such losses, including:

• Loss of income and support
• Mental anguish
• Emotional pain and suffering
• Loss of society, companionship, and comfort
• Loss of marital and parental care
• Loss of attention, advice, counsel, and guidance

How Much Money Can a Family Receive in a Wrongful Death Lawsuit?

In Maryland, there is no cap on “economic damages” in a wrongful death lawsuit. Those damages are compensation for the wages and other financial benefits the family loses as a result of the death. However, Maryland does cap the total “non-economic damages,” or compensation for intangible losses, a family can receive in a wrongful death case. In 2024, the cap is $935,000 if there is only one beneficiary. If there are two or more wrongful death beneficiaries, the cap rises to $1,402,000.

Contact a Maryland Wrongful Death Lawyer Today

At CHASENBOSCOLO, we understand how difficult it can be to navigate the legal process as you grieve the loss of your loved one. If you retain us, you can expect compassionate, personalized legal services. We will handle all the aspects of your wrongful death claim while you cope with an unexpected loss. Call our law firm today at (301) 220-0050 or contact us online to speak to a Maryland wrongful death attorney. Check out our recent case results to know why you should trust your case with us.

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