Can Siblings File Wrongful Death Claims in Maryland?

Losing a brother or sister is one of the worst experiences anyone can face. If you recently lost a sibling unexpectedly, you may be facing unexpected financial burdens on top of your grief. If another party’s negligence caused the death, it is natural to wonder if, as a sibling, you have the right to file a wrongful death claim and pursue compensation.

So, can siblings file wrongful death claims in Maryland? Unfortunately, the answer to this question is not as straightforward as you might be hoping. Maryland law establishes a specific order of priority for who can file a wrongful death claim. Whether a sibling can bring a wrongful death claim depends on who else survives the deceased. Read on to learn more!

Who Can File a Wrongful Death Claim in Maryland?

According to Maryland’s Courts and Judicial Proceedings Code Section 3-904, the primary individuals allowed to file a wrongful death claim are the deceased’s children, spouse, and parents. These parties are known as the “primary beneficiaries.” “Secondary beneficiaries,” including siblings, cousins, nieces, and nephews, may also file a wrongful death claim, but only if no primary beneficiaries exist.

Therefore, this means that if your deceased brother or sister did not leave behind a spouse, child, or parent, you can file a wrongful death claim. However, you do not have the right to file if they left behind a child, parent, or spouse. In such a case, the spouse, child, or parent must bring the claim instead.

For example, suppose your brother died in a car accident caused by a distracted driver and left behind a wife and a child. In this case, the wife is the primary beneficiary, and as such, she would have the right to file the lawsuit on behalf of herself and the child. As the deceased’s sibling, you would not have the right to file a separate claim in this scenario.

Why Is Maryland Law Strict About Who Can File a Wrongful Death Claim?

When a person dies, the spouse, children, and parents usually suffer the most, financially and emotionally. The law in Maryland is designed to ensure that these individuals are given the first opportunity to seek compensation. The law acknowledges these parties’ dependence and the void created by the loss.

Indeed, siblings too experience grief. However, Maryland law only allows these individuals to step in and pursue a wrongful death claim if there are no primary beneficiaries.

Steps To Take if You Believe You Have a Claim

If you’ve lost a brother or sister and believe you have a valid wrongful death claim, here are some key steps to take;

1. Confirm the existence of primary beneficiaries
2. Speak with other family members to avoid conflict during the legal process
3. Consult an experienced wrongful death attorney
4. Act fast

Wrongful death claims in Maryland are subject to a strict deadline. According to Maryland’s Courts and Judicial Proceedings Code Section 5-108, you generally have three years to file a wrongful death lawsuit. If you miss this deadline, you could lose your right to sue forever.

Contact a Baltimore Wrongful Death Lawyer

If you’ve recently lost a sibling due to another party’s negligence and are unsure whether you have a right to bring a claim, contact our experienced Baltimore wrongful death lawyer at Hardball Law. We can review your situation, explain your rights, and help you and your family pursue the justice and compensation you deserve.