Understanding Wrongful Death in Maryland: What It Is, Who Can File a Claim, and Recoverable Damages
Losing a loved one is one of the most devastating experiences in life, and when you lose someone because of another person’s negligence or misconduct, the pain can be even more profound. In Maryland, when someone dies as a result of another party’s misconduct or negligence, their family could be eligible to file a wrongful death claim and seek justice and compensation. Like other states, Maryland has a unique set of wrongful death laws. Below, we look at how wrongful death is defined in Maryland, who is eligible to file a wrongful death claim in Maryland, and the types of damages that can be recovered in a Maryland wrongful death claim.
What Is Wrongful Death in Maryland?
Maryland Code, Courts and Judicial Proceedings Section 3-901 defines wrongful death as a death caused by an act, neglect, or default, which would have entitled the injured party to seek compensation had they not died. A wrongful death claim can be considered a personal injury claim in which the injured party cannot bring their own claim. This definition encompasses a wide range of scenarios, including the following;
- Motor vehicle accidents: For instance, when a driver violates traffic laws, resulting in a fatal collision.
- Medical malpractice: When a medical professional fails to provide the expected standard of care, resulting in a patient’s death.
- Premises liability: When unsafe conditions on a property, such as inadequate security, result in a fatal incident or accident.
- Defective products: When a product that is dangerous due to its design flaws, manufacturing defects, or inadequate warnings causes death.
Who Is Eligible to File Wrongful Death Claim in Maryland?
Maryland law restricts who can file a wrongful death claim to specific individuals. Under Maryland Courts and Judicial Proceedings Section 3-904, spouses, children, and parents of the deceased individual can file a wrongful death claim against the liable party or parties. If there is no spouse, parent, or child, anyone related to the deceased by blood or marriage and who substantially depended on the deceased can file a wrongful death claim.
What Damages Can Be Recovered in a Maryland Wrongful Death Claim?
Under Maryland law, after a wrongful death, damages may be awarded to beneficiaries proportioned to the injury resulting from the death. The following are some of the damages that may be recovered in a Maryland wrongful death claim;
- Mental anguish, pain, and suffering
- Loss of future financial support
- Loss of companionship, protection, society, and comfort
- Loss of parental care, marital care, and filial care
- Loss of counsel, advice, attention, guidance, and training
Time Limit for Filing a Maryland Wrongful Death Claim
When filing a wrongful death claim in Maryland, time is of the essence. The time limit for filing most wrongful death claims in Maryland is generally three years from the date of the person’s death. Failure to take legal action within this timeframe can result in the loss of the right to pursue compensation.
Talk to a Towson Personal Injury Lawyer
If you’ve lost someone due to another person’s negligence or misconduct, don’t wait to contact an attorney. Contact our Towson personal injury lawyers at Hardball Law today to schedule a consultation and discuss your case.
Source:
mgaleg.maryland.gov/mgawebsite/laws/StatuteText?article=gcj§ion=3-901&enactments=false
