Wrongful Death Claims in Maryland
Comprehensive Guide to Maryland Wrongful Death Law
The loss of a loved one due to someone else’s negligence or misconduct is devastating. At The Law Office of Caroline Norman Frost, we are committed to helping grieving families pursue justice and hold negligent parties accountable. If you’ve lost a loved one in a preventable accident, call us at 240-439-1922 for a free consultation to discuss your wrongful death claim in Maryland.
What Qualifies as a Wrongful Death Claim in Maryland?
Maryland law defines a wrongful death as one caused by the “wrongful act, neglect, or default” of another person or entity. This includes accidents or intentional acts that would have entitled the deceased to file a personal injury lawsuit had they survived.
Common Causes of Wrongful Death in Maryland
- Car Accidents: Often caused by drunk driving, distracted driving, reckless speeding, or failure to obey traffic signals.
- Truck Accidents: Resulting from driver fatigue, poorly maintained vehicles, or overloaded cargo.
- Motorcycle Accidents: Typically caused by driver inattention, failure to yield, or visibility issues.
- Medical Malpractice: Examples include misdiagnosis, surgical errors, birth injuries, and medication mistakes.
- Defective Products: Including faulty designs, manufacturing defects, or inadequate safety warnings that lead to fatal injuries.
- Workplace Accidents: Common in construction, manufacturing, and other high-risk industries due to unsafe working conditions, lack of training, or equipment failures.
Under Maryland law, wrongful death claims can only be pursued if the death was caused by negligence, recklessness, or intentional wrongdoing.
Who Can File a Wrongful Death Claim in Maryland?
Maryland law specifies two categories of beneficiaries who can file a wrongful death claim:
- Primary Beneficiaries:
- Spouse: Surviving spouses can recover damages for loss of companionship, emotional support, and financial contributions.
- Children: Both minor and adult children of the deceased may file a claim. Minor children often seek compensation for loss of parental guidance and financial support.
- Parents: If the deceased was unmarried and without children, surviving parents can file a claim.
- Secondary Beneficiaries:
If there are no primary beneficiaries, individuals who were financially dependent on the deceased—such as siblings, cousins, or other relatives—may file a claim.
Important Note: Only one wrongful death claim can be filed on behalf of all eligible beneficiaries, and all parties must be included in the lawsuit.
Types of Damages Available in a Wrongful Death Claim
Maryland allows surviving family members to recover both economic and non-economic damages to compensate for their losses.
- Economic Damages:
- Funeral and Burial Costs: Reimbursement for expenses related to laying your loved one to rest.
- Medical Expenses: Covers medical bills incurred before the victim’s death, including hospital stays, surgeries, and emergency care.
- Loss of Financial Support: Compensation for the income and benefits the deceased would have provided over their lifetime.
- Non-Economic Damages:
- Loss of Companionship: For spouses and family members who have lost the emotional support of their loved one.
- Pain and Suffering: Compensation for the grief, anguish, and emotional trauma experienced by surviving family members.
- Loss of Parental Guidance: For children who lose the care, guidance, and support of a parent.
- Punitive Damages:
In cases involving egregious negligence or intentional misconduct, punitive damages may be awarded to punish the wrongdoer and deter similar behavior. However, punitive damages are rare in Maryland and require clear and convincing evidence of gross negligence or malice.
Statute of Limitations for Wrongful Death Claims in Maryland
Maryland law imposes a strict statute of limitations for filing wrongful death claims. Generally, families must file a claim within three years of the date of death. Failing to file within this period may result in the loss of your right to pursue compensation.
Exceptions to this rule may apply in cases involving medical malpractice or when the cause of death is not immediately apparent. An experienced attorney at The Law Office of Caroline Norman Frost can help determine the applicable deadline for your case.
How The Law Office of Caroline Norman Frost Helps Families
Losing a loved one is a profound emotional and financial burden, and navigating the legal process can feel overwhelming. At The Law Office of Caroline Norman Frost, we provide compassionate and skilled representation to help you seek justice and recover compensation.
Here’s How We Can Help:
- Thorough Investigation:
- We gather and analyze evidence, including medical records, police reports, and expert testimony, to build a strong case.
- Identifying Liable Parties:
- We determine who is responsible for the wrongful death, whether it’s an individual, a company, or a combination of parties.
- Valuing Your Claim:
- Our team calculates the full extent of your economic and non-economic losses to ensure you receive maximum compensation.
- Negotiation and Litigation:
- We negotiate aggressively with insurance companies and opposing counsel, but we are fully prepared to take your case to court if a fair settlement cannot be reached.
- Personalized Support:
- We provide empathetic legal guidance, keeping you informed at every stage and tailoring our approach to meet your family’s unique needs.
Call-to-Action
If you’ve lost a loved one due to someone else’s negligence or misconduct, you don’t have to face this journey alone. Let The Law Office of Caroline Norman Frost help you seek justice and secure the compensation your family deserves.
Call us today at 240-249-2269 or fill out our online form to schedule a free consultation.
Seek justice for your loved one with our help.