Losing a loved one due to someone else’s negligence is one of the most devastating experiences a family can endure. In Maryland, wrongful death laws provide a legal pathway for families to seek justice and recover compensation for their loss. Understanding these laws is critical for pursuing a claim and holding the responsible parties accountable.
This guide outlines the key aspects of Maryland’s wrongful death laws, helping families navigate the complexities of filing a claim while offering insights into their rights and options. Whether you’re dealing with a tragic accident or medical malpractice, knowing your legal avenues can make a significant difference in your pursuit of justice.
1. What Is a Wrongful Death Claim in Maryland?
Wrongful death occurs when a person dies due to the negligence or misconduct of another individual, organization, or entity. Maryland law allows certain family members to file a wrongful death claim to recover compensation for their loss.
Key Takeaways:
- Definition: A legal action seeking compensation for losses resulting from a loved one’s death.
- Common Causes: Medical malpractice, workplace accidents, defective products, and catastrophic injuries like traumatic brain injuries and spinal cord injuries.
- Purpose: To compensate families for emotional, financial, and other losses caused by the death.
Who Can File a Wrongful Death Claim in Maryland?
Maryland law specifies who has the right to file a wrongful death claim. These individuals are categorized as “primary” and “secondary” beneficiaries.
Primary Beneficiaries:
- Spouses, children, and parents of the deceased have the first right to file a claim.
Secondary Beneficiaries:
- If no primary beneficiaries exist, other relatives (e.g., siblings, cousins) may be eligible, provided they can prove financial dependence on the deceased.
3. Damages Available in Maryland Wrongful Death Cases
A successful wrongful death claim can result in compensation for various types of losses:
Economic Damages:
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of financial support
Non-Economic Damages:
- Pain and suffering endured by surviving family members
- Loss of companionship, care, and guidance
Maryland places a cap on non-economic damages in wrongful death cases, with limits adjusted annually for inflation. It’s crucial to work with a knowledgeable legal professional who understands these caps and how they apply.
4. Statute of Limitations for Wrongful Death Cases in Maryland
Maryland imposes a strict deadline for filing wrongful death claims, known as the statute of limitations. Families generally have three years from the date of death to file their claim.
Exceptions to the Rule:
- Discovery Rule: In cases where the cause of death wasn’t immediately apparent (e.g., medical malpractice), the three-year period may begin from the date the cause was discovered.
- Minor Beneficiaries: If the claim involves a minor child, the timeline may be extended under specific circumstances.
Failing to file within the allotted time can result in the claim being dismissed, underscoring the importance of timely legal action.
5. The Role of Experienced Legal Representation
Pursuing a wrongful death claim involves complex legal procedures, negotiations, and potentially, court trials. Families benefit greatly from having experienced attorneys who can guide them through this process.
How Legal Professionals Help:
- Investigating the circumstances of the death
- Gathering evidence, including medical records and witness testimony
- Negotiating with insurance companies to ensure fair compensation
The Yost Legal Group is recognized in Baltimore, MD, for handling serious cases involving wrongful death and catastrophic injuries. Their dedication to helping grieving families makes them a reliable choice for those seeking justice.
6. Maryland’s Contributory Negligence Rule
Maryland follows the contributory negligence rule, which can significantly impact wrongful death claims. If the deceased is found to have contributed in any way to the incident that caused their death, the claim may be barred entirely.
Why This Matters:
- Even minor contributions to the accident can jeopardize a claim.
- Skilled attorneys can build strong cases to counter such defenses.
7. Key Differences Between Wrongful Death and Survival Actions
Maryland distinguishes between wrongful death claims and survival actions.
Wrongful Death Claims:
Focused on compensating the family for their losses.
Survival Actions:
Allow the estate of the deceased to seek damages for losses the deceased experienced before their death (e.g., pain and suffering).
Both claims can be pursued simultaneously but must be filed correctly to avoid complications.
8. Steps to Take If You’re Considering a Wrongful Death Claim
Families seeking justice after losing a loved one should take the following steps:
- Gather Evidence: Document all relevant details about the incident.
- Consult an Attorney: Seek guidance from a knowledgeable legal team familiar with Maryland wrongful death laws.
- File Within the Deadline: Ensure the claim is filed within the statute of limitations.
Conclusion
Losing a loved one due to someone else’s negligence is a life-altering experience, but Maryland’s wrongful death laws provide a way for families to seek justice and compensation. Understanding your rights, the damages you can claim, and the legal process is critical in navigating this difficult time.
Whether it’s medical malpractice, a workplace accident, or another tragic event, working with experienced legal professionals ensures your case is handled with care and diligence. If you’re considering pursuing a wrongful death claim in Baltimore, consult a legal team like The Yost Legal Group to help guide you through the complexities and fight for the justice your family deserves.
