Maryland law actually provides two related claims when someone dies due to negligence. A wrongful death claim compensates surviving family members for their own losses, while a survival action is brought by the deceased's estate for the losses the deceased suffered before death, such as pre-death pain and medical bills.
Wrongful Death vs. Survival Actions
Both claims often proceed together, and together they can provide more complete compensation for a grieving family.
Who Can File a Wrongful Death Claim
Maryland recognizes 'primary beneficiaries' — a spouse, parent, or child of the deceased. If there are no primary beneficiaries, certain 'secondary beneficiaries' who were related to and financially dependent on the deceased may file.
Determining the proper beneficiaries and structuring the claims correctly is an important early step that an attorney can handle.
Damages Available to the Family
Wrongful death damages can include loss of financial support, loss of companionship, comfort, and guidance, and mental anguish. The survival action can recover the deceased's pre-death pain and suffering, medical expenses, and funeral costs.
Maryland's non-economic damages cap applies, but wrongful death cases with multiple beneficiaries qualify for a higher limit.
The Three-Year Deadline
A Maryland wrongful death claim generally must be filed within three years of the death, though certain circumstances can affect the timing. Government-claim notice rules may also apply if a public entity was involved.
Because these deadlines and rules are strict, families should seek legal guidance promptly. A free, confidential consultation can explain the family's options with compassion and clarity.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Maryland attorney.