Baltimore Wrongful Death Lawyer
What Happens When a Wrongful Act Causes a Death?
TL;DR — Maryland Wrongful Death Claims
- Wrongful death occurs when a wrongful act causes a fatal injury. Negligence, medical error, vehicle crashes, and intentional acts can all create a claim.
- Surviving family members may bring the lawsuit. Maryland law generally allows a spouse, child, or parent to pursue damages.
- Both economic and non-economic damages may be recovered. These can include lost income, financial support, emotional suffering, and loss of companionship.
- Maryland limits non-economic damages. Economic losses such as lost wages are not capped.
- A separate survival action may also exist. This claim belongs to the estate and seeks recovery for the losses suffered by the victim before death.
- Most wrongful death claims must be filed within three years. Missing this deadline may bar the claim.
A wrongful death claim arises when a person dies because of another party’s wrongful act, negligence, or misconduct.
Under Maryland law, surviving family members—typically a spouse, child, or parent—may bring a civil lawsuit seeking compensation for financial losses and the emotional impact of the death. Most wrongful death claims must be filed within three years of the date of death, although limited exceptions may apply.
What Is a Wrongful Death Claim in Maryland?
A wrongful death claim is a civil lawsuit brought by surviving family members after a person dies because of another individual’s wrongful act.
A “wrongful act” may include:
| Example | Description |
|---|---|
| Negligence | Careless conduct causing fatal injury |
| Medical malpractice | Surgical or treatment errors |
| Vehicle crashes | Improper operation of a car, truck, or motorcycle |
| Intentional acts | Assault or other criminal conduct |
Maryland law allows the surviving family members to pursue compensation for both financial losses and emotional harm caused by the death.
Who Can Bring a Maryland Wrongful Death Claim?
Maryland law generally allows the following individuals to file a wrongful death lawsuit:
| Primary Beneficiaries | Secondary Beneficiaries |
|---|---|
| Spouse | Dependent relatives |
| Children | Certain blood relatives |
| Parents | Individuals financially dependent on the decedent |
Primary beneficiaries typically bring the claim. Secondary beneficiaries may bring the claim only if no primary beneficiary exists.
What Compensation Is Available in a Maryland Wrongful Death Case?
Maryland law permits recovery of both economic and non-economic damages.
Economic Damages
These damages compensate for measurable financial losses.
| Economic Damage Category | Examples |
|---|---|
| Lost income | Future wages the decedent would have earned |
| Lost earning capacity | Income growth reasonably expected during the decedent’s career |
| Employment benefits | Pension contributions, insurance benefits |
| Medical expenses | Treatment costs before death |
| Funeral expenses | Burial and related costs |
Maryland does not place a cap on economic damages.
Non-Economic Damages
These damages compensate survivors for personal losses resulting from the death.
Examples include:
- Mental anguish
- Emotional pain and suffering
- Loss of companionship
- Loss of guidance and advice
- Loss of protection and care
Maryland law places a statutory cap on non-economic damages, which increases annually.
Maryland Wrongful Death Damage Caps
Maryland limits the amount recoverable for non-economic damages in wrongful death cases.
| Beneficiaries | Maximum Non-Economic Damages (Example 2026) |
|---|---|
| One beneficiary | $965,000 |
| Two or more beneficiaries | $1,447,500 |
The cap increases by $15,000 each year on October 1.
Different limits may apply in medical malpractice wrongful death cases.
What Factors Influence the Value of a Wrongful Death Claim?
Juries consider several factors when determining compensation.
Economic Value Factors
| Factor | Why It Matters |
|---|---|
| Earnings history | Indicates likely future income |
| Career trajectory | Expected promotions or income growth |
| Employment benefits | Pension and insurance contributions |
| Work life expectancy | Years remaining until retirement |
Personal and Life Factors
| Factor | Relevance |
|---|---|
| Age of the victim | Younger individuals often have longer projected earning capacity |
| Health | Life expectancy considerations |
| Education and training | Career growth potential |
| Family role | Guidance and companionship lost |
What Is a Survival Action?
Maryland law recognizes a separate legal claim called a survival action.
| Wrongful Death Claim | Survival Action |
|---|---|
| Brought by family members | Brought by the estate |
| Compensates survivors | Compensates the estate |
| Focuses on family loss | Focuses on the victim’s losses before death |
Survival action damages may include:
- Medical expenses before death
- Property damage
- Funeral expenses
- Lost wages between injury and death
- Conscious pain and suffering before death
The estate’s personal representative generally files this claim.
What Is the Statute of Limitations for a Maryland Wrongful Death Claim?
Most Maryland wrongful death lawsuits must be filed within three years of the date of death.
Special rules may apply in certain cases, including occupational disease claims. Legal evaluation is often necessary to determine which time limits apply.
How Juries Evaluate Non-Economic Damages in Baltimore
When juries evaluate non-economic damages, they may consider several categories of harm.
Nature and Severity of Injury
- Permanent disability
- Disfigurement
- Chronic pain
Emotional and Psychological Trauma
- PTSD
- Depression
- Anxiety
- Sleep disturbances
Loss of Enjoyment of Life
Loss of Consortium
A spouse may claim damages related to:
- Loss of companionship
- Loss of affection
- Loss of marital partnership
It is often said that one of the most important roles of a personal injury attorney is accurately assessing the value of a case. That role becomes even more significant in a wrongful death action.
No financial award can replace the life of a loved one. But civil law provides monetary compensation as the mechanism through which the justice system attempts to address the profound losses suffered by surviving family members.
How to Protect a Potential Wrongful Death Claim
- Preserve Evidence Immediately
Preservation of evidence is a process by which the custodian of certain facts or materials is asked to segregate those items, hold them, and make them available to future date. Accident reports, witness information, and video evidence may become difficult to obtain as time passes.
- Document Financial Losses
Financial losses can include lost wages both past and future as well as employment benefits. Employment records, tax returns, and benefit statements may help establish lost earnings and financial support.
- Identify All Potential Claims
Potential claims are those brought against parties that might share some part or all of the responsibility for the loss. An example would be someone who is liable vicariously for the acts of an agent rather than directly accountable for their own negligence. Both wrongful death claims and survival actions may exist simultaneously.
- Determine Who Has Standing
Standing is a legal doctrine where someone’s interest in and right to raise a claim is recognized. Maryland law restricts which family members may bring the claim.
- Evaluate Time Limits
Time limits include the statute of limitations in any notice requirements for municipalities or governments. Wrongful death claims are subject to statutes of limitation that may vary depending on the circumstances.
Baltimore Wrongful Death FAQs
A wrongful death lawsuit is a civil claim brought by surviving family members when a person dies due to the negligence, recklessness, or intentional act of another party.
Generally, the decedent’s spouse, children, or parents may bring a wrongful death claim. In some cases, other dependent relatives may qualify if no primary beneficiaries exist.
Wrongful death claims may arise from vehicle collisions, medical malpractice, workplace accidents, defective products, or dangerous property conditions.
Damages are the economic compensation provided by Maryland law to both of the victims and those closest to them.
Survivors may recover economic damages such as lost wages and funeral expenses, as well as non-economic damages such as emotional distress and loss of companionship.
Yes. A criminal case is brought by the state of Maryland to punish someone for conduct leading to the death of another.
A wrongful death civil lawsuit may proceed independently from a criminal prosecution arising from the same incident.
Fault in this context means responsibility for the consequences.
The plaintiff must demonstrate that the defendant’s negligence or wrongful conduct caused the death, typically through witness testimony, expert opinions, and documentary evidence.
No. A trial is a preceding in which evidence is presented to a jury who then decides responsibility and compensation.
Some cases resolve through settlement. A settlement is a voluntary agreement between the parties to resolve all clients.
It is true that some if not most cases ultimately settle, but others proceed through litigation depending on the facts and the parties’ positions.
Baltimore Wrongful Death FAQs
What is a wrongful death lawsuit?
A wrongful death lawsuit is a civil claim brought by surviving family members when a person dies due to the negligence, recklessness, or intentional act of another party.
Who can file a wrongful death claim in Maryland?
Generally, the decedent’s spouse, children, or parents may bring a wrongful death claim. In some cases, other dependent relatives may qualify if no primary beneficiaries exist.
What incidents commonly lead to wrongful death claims?
Wrongful death claims may arise from vehicle collisions, medical malpractice, workplace accidents, defective products, or dangerous property conditions.
What damages may be recovered?
Survivors may recover economic damages such as lost wages and funeral expenses, as well as non-economic damages such as emotional distress and loss of companionship.
Can a criminal case occur at the same time?
Yes. A wrongful death civil lawsuit may proceed independently from a criminal prosecution arising from the same incident.
How is fault proven in a wrongful death case?
The plaintiff must demonstrate that the defendant’s negligence or wrongful conduct caused the death, typically through witness testimony, expert opinions, and documentary evidence.
Do wrongful death cases always go to trial?
No. Some cases resolve through settlement, while others proceed through litigation depending on the facts and the parties’ positions.
All Insurance Disputes Share the Same Core Conflict, and I litigate them all.
Speak With a Baltimore Wrongful Death Lawyer
Eric T. Kirk represents individuals and families pursuing claims arising from serious injury and wrongful death.
Accountability. Compensation. Security.
“An experienced, dedicated wrongful death attorney immediately collecting and preserving vital facts and evidence is a pivotal first step in the pursuit of justice.”
In the wake of any tragedy giving rise to this type of claim, the victim’s family is frequently overwhelmed by emotion, final arrangements, insurance and estate matters, and potentially new responsibilities and obligations. A way of life may have been forever altered, and a new path forward must be found. Obviously, the family needs time, and often help, in making these adjustments. The death of a husband, wife, parent, or child is an eviscerating emotional blow that frequently also has the cruel dual effect of devastating a family’s financial future.
What Type of Compensation is Awarded in a Wrongful Death Case?
Maryland law provides for the recovery of both economic and non-economic damages in a wrongful death case. The sudden, unexpected passing of the primary wage-earner for a family can have devastating immediate and long-term financial implications. The survivors are entitled to compensation for both the income and earnings they would have received and their emotional turmoil.
A spouse, child, or parent may recover compensation for the following:
- Loss of future earnings
- Mental anguish
- Emotional pain
- Loss of companionship, comfort, protection, care, attention, advice, counsel, training, and guidance.
Obviously, no one would exchange the life or health of a loved one for money. But, after these unforeseen tragedies, Maryland law will allow for monetary compensation to soothe the searing sense of loss, anguish, and torment experienced by the survivors and caused by the sudden, unlawful death of a loved one.
What Are The Factors Considered In Determining The Value Of A Wrongful Death Claim?
How Are Economic Damages Calculated?
An unexpected death often has immediate and long term financial ramifications for the family. Compensation is therefore also awarded for future losses, whether that takes the form of earnings and monetary support the decedent would have provided, or the loss of the companionship the victim would have shared with the survivors. If there is no spouse, child, or parent, then an action may be brought for the benefit of a blood or marital relative dependent on the decedent for support under some circumstances.
What is the Statute of Limitations for a Wrongful Death Claim?
A wrongful death claim must generally be filed in a court of law within 3 years of the date of death, or it will be forever barred by statute. Other important and potentially shorter time limitations may also be implicated, and prompt consultation with a seasoned fatal accident attorney is vital.
If the cause of death was an “occupational disease” [a disease caused by exposure to any toxic substance in the person’s workplace and contracted by a person in the course of the person’s employment] an action must be filed within 10 years of the time of death, or within 3 years of the date when the cause of death was discovered-whichever is shorter.
Source: Courts and Judicial Proceedings Article § 3-904.
What is Considered a Wrongful Act?
Maryland law defines a “wrongful act” as an act that would have entitled the party injured to maintain an action and recover damages if death had not ensued.
A wrongful act causing the death of another can be:
- An act of negligence
- A medical or surgical error
- An intentional criminal act such as assault
- The improper operation of a car, truck, motorcycle or boat
How Does Maryland’s Damage Cap Work?
Maryland has chosen to artificially limit the amounts survivors and beneficiaries can recover in a wrongful death case and developed a set of rules pertaining to economic and non-economic damages. Maryland law does not cap the number of economic damages that can be awarded in a wrongful death suit. Economic damages reflect compensation for:
- Past medical expenses
- Future medical expenses
- Past loss of earnings
- Future loss of earnings
There is, however, a cap on non-economic damages, which are defined as: mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, care, marital care, parental care, filial care, attention, advice, counsel, training, guidance, or education, or other non-economic damages. As of 7/15/20, the current limitation is a maximum non-economic award in a wrongful death case is $890,000 for a single beneficiary or $1,335,000 if there are two or more beneficiaries.
If a jury- which is not told of the cap, awards more, it will be reduced by the court. The cap increases by $15,000 on October 1 of each year. A different cap will apply if the action is based on medical malpractice.
A Related Claim: Survival Action
A wrongful death claim belongs to and is brought by the survivors or beneficiaries of the victim to recover what they have lost as a result of the death of their parent, spouse, or child. Maryland law recognizes a separate and distinct claim, called a survival action, which belongs to the victim, and allows their estate to recover those things they could have recovered had they not died. Compensation in a survival action typically includes:
- Medical expenses and property damage
- Funerary expenses
- Lost wages accruing between the injury and death
- Conscious pain, suffering, and mental anguish accruing between the injury and death
Because the right to bring the survival claim belonged to the deceased victim and survived his or her death, their estate brought the claim. Section 7-401 of the Estates Article gives the personal representative of the estate the authority to bring the claim. A survival claim is frequently brought at the same time as a wrongful death claim. This claim also must generally be filed within 3 years. The same individuals are often, but not always, the same in both claims. Indeed, the proceeds of a wrongful death claim and survival claim often go to the same group of people [i.e. the survivors or beneficiaries- generally the immediate family]. However, the methods of recovery are different. The parties in a wrongful death claim are the beneficiaries recognized by law- generally the spouse, parent and children of the victim. Proceeds from a wrongful death belong to those individuals in an amount fixed by the court. Proceeds from a survival action belong to the estate. Those funds are disbursed according to the terms of the victim’s will. If there is no will, then the funds are distributed by a default scheme called intestate succession.
Who Receives the Compensation From a Maryland Survival Claim if There is No Will?
I’ve been told by many of my clients that the sudden loss of a cherished family member was the most difficult, challenging, and horrifying event in their life. Where the wrongful act of another causes that tragedy, the loss may be even more poignant and piercing. I offer any potential client a complimentary legal analysis of the issues involved in their loss.
