Wrongful Death Lawyer in Maryland

Under Md. Code, Cts. & Jud. Proc. § 3-904, wrongful death actions are brought by or on behalf of the primary beneficiaries: the spouse, parent, and child of the deceased. This is different from many states where only the estate's personal representative can file. If no primary beneficiaries exist, secondary beneficiaries — any person related to the deceased by blood or marriage who was substantially dependent on the deceased — may bring the action. Each eligible beneficiary has an independent claim for damages proportioned to their individual loss.

Maryland's wrongful death statute, Md. Code, Cts. & Jud. Proc. § 3-904(c), expressly states that damages are 'not limited or restricted by the pecuniary loss or pecuniary benefit rule.' Recoverable damages for spouses, minor children, and certain unmarried children include mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, marital care, parental care, filial care, attention, advice, counsel, training, guidance, and education. This is broader than states that limit wrongful death recovery to economic losses like lost income and funeral costs.

Three years from the date of death under Md. Code, Cts. & Jud. Proc. § 3-904(g)(1). If a government entity is involved, the deadline is shorter: one year for claims against the State under Md. State Gov't § 12-106, and one year for claims against local governments under Md. Cts. & Jud. Proc. § 5-304. These government notice deadlines are strictly enforced. Missing them bars the claim against the government entity entirely, even if you file the private wrongful death action within the three-year window.

Yes. Pure contributory negligence — reaffirmed in Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (2013) — applies to wrongful death claims. If the deceased was even one percent at fault for the incident that caused their death, the wrongful death claim is barred entirely. Only four other jurisdictions still follow this rule. This makes the investigation into the decedent's conduct at the time of the fatal incident critical — defense counsel will look for any act that shifts even minimal fault to the decedent.

They are separate claims brought by different parties for different damages. A wrongful death action under Md. Code, Cts. & Jud. Proc. §§ 3-901 to 3-904 is brought by the family beneficiaries (spouse, parent, child) for their own losses — grief, loss of companionship, loss of support. A survival action under Md. Code, Est. & Trusts § 7-401(y) is brought by the estate's personal representative for damages the decedent would have recovered had they survived — pain and suffering between the injury and death, medical expenses, and lost earnings. Both can be pursued simultaneously to maximize total recovery.

Yes. If another driver's negligence or intoxication caused the death, the primary beneficiaries — spouse, parent, and child under Md. Code, Cts. & Jud. Proc. § 3-904 — can file a wrongful death action within three years of the date of death. Maryland's minimum auto insurance of 30/60/15 is often insufficient for a wrongful death case. A local attorney pursues the at-fault driver's full liability policy, the decedent's own UM/UIM coverage, any umbrella policies, and — if a commercial vehicle was involved — the employer's commercial policy under 49 CFR § 387.9 (minimum $750,000 for interstate carriers). Contributory negligence by the decedent, if any, is a complete defense.