Maryland Wrongful Death FAQ

A wrongful death claim is a civil lawsuit brought on behalf of surviving family members when a person’s death is caused by the wrongful act, neglect, or default of another person or entity.

If the deceased person would have had a personal injury claim had he or she survived, a wrongful death claim may exist.

Maryland law gives priority to certain family members.

Primary beneficiaries include:

– The surviving spouse
– Children
– Parents

If no primary beneficiaries exist, certain secondary beneficiaries may have the right to pursue a claim if they were substantially dependent upon the deceased.

Many families are surprised to learn that there are often two separate claims.

Wrongful Death Claim
This claim compensates surviving family members for their own losses resulting from the death.

Survival Action
This claim belongs to the deceased person’s estate and seeks damages the deceased could have recovered had he or she survived.

The two claims are often pursued together.

Depending upon the circumstances, family members may recover damages for:

– Loss of companionship
– Loss of society
– Loss of comfort
– Loss of protection
– Loss of marital care and attention
– Loss of parental guidance
– Mental anguish
– Emotional pain and suffering

Maryland recognizes that the death of a loved one causes losses that extend far beyond economics.

Yes.

Adult children may bring wrongful death claims under Maryland law.

There is no requirement that the child be financially dependent upon the deceased parent.
Adult children may recover damages for the loss of companionship, guidance, advice, comfort, and emotional support provided by the parent.

Yes.

Parents may pursue wrongful death claims arising from the death of an adult child and may seek damages for their emotional losses and the destruction of the parent-child relationship.

A survival action may include damages for:

Conscious pain and suffering experienced before death

– Medical expenses
– Lost earnings between injury and death
– Funeral expenses under certain circumstances
– Other damages suffered by the deceased before death

In many cases, evidence that the deceased was conscious and aware of pain before death can significantly increase the value of a survival claim.

Maryland law places limits on certain non-economic damages.

– The applicable cap depends on:
– The date of death
– The number of beneficiaries
– Whether the claim involves medical malpractice

Because these rules are complex and change annually, an attorney should evaluate the specific facts of your case.

Generally, a wrongful death action must be filed within three years of the date of death.

However, exceptions may apply in certain circumstances.

Because important deadlines can affect your rights, families should consult an attorney as soon as possible.

Common wrongful death cases include:

– Medical malpractice
– Surgical errors
– Hospital negligence
– Delayed diagnosis of cancer
– Failure to diagnose heart attack
– Failure to diagnose stroke
– Motor vehicle collisions
– Truck accidents
– Defective products
– Workplace accidents
– Nursing home negligence

Successful wrongful death cases generally require proof that:

1. The defendant acted negligently or wrongfully;
2. The conduct caused the death; and
3. The surviving family members suffered legally compensable losses.

Medical experts, accident reconstructionists, economists, vocational experts, and other specialists are often used to establish liability and damages.

Yes.

A wrongful death lawsuit is a civil case and is entirely separate from any criminal proceeding.

A defendant may be held liable in a wrongful death action even if criminal charges were never filed or no criminal conviction occurred.

A wrongful death claim may still have substantial value.

Maryland law recognizes losses beyond wages and income, including:

– Companionship
– Guidance
– Emotional support
– Household services
– Family relationships

The value of a person’s life cannot be measured solely by employment income.

Every case is unique.

Factors affecting value include:

– The circumstances of the death
– The strength of the liability evidence
– The age and health of the deceased
– The suffering experienced before death
– The number of beneficiaries
– The economic and non-economic losses suffered by the family

A thorough investigation is necessary before any meaningful valuation can be made.

Wrongful death cases require experience, resources, and a willingness to take on complex defendants.

At Shadoan, Michael & Wells, LLP, we represent families throughout Maryland in cases involving:
Medical malpractice

– Catastrophic injury
– Dangerous products
– Hospital negligence
– Motor vehicle collisions
– Nursing home negligence

We work with leading experts to determine what happened, hold wrongdoers accountable, and pursue justice for families whose lives have been forever changed by a preventable death.