Typically, a representative of the victim’s estate brings a wrongful death lawsuit against the defendant on behalf of surviving family members. In Maryland, a family member may file directly; however, many states do not permit this.
Although each state has laws that allow a victim’s family or estate to pursue a wrongful death claim, state laws differ as to which relatives of a wrongful death victim can file a claim. States also have different statutes of limitations for wrongful death cases.
For the free case assessment that you need, call Rice Law’s wrongful death lawyers today at 410) 694-7291.
What Is a Wrongful Death Lawsuit?
When someone dies as a result of another party’s misconduct or negligence, the victim’s estate may file a wrongful death lawsuit against the liable person or entity. A wrongful death suit takes the place of a personal injury claim that the victim could have pursued if their death had not occurred.
How Do You Initiate a Wrongful Death Case in Baltimore?
The first step in initiating a wrongful death claim is to set up an initial consultation with your legal team to discuss the details of your case.
What Happens in a Successful Wrongful Death Lawsuit?
In a successful wrongful death case, a victim’s family receives financial compensation (“damages”) for expenses that the victim incurred from the time of the negligent or intentional act until their death, losses that the victim’s surviving family members have experienced as a result of the victim’s death, or both.
Who Can Recover Damages from a Wrongful Death Lawsuit in Maryland?
In Maryland, only close relatives of the deceased may request damages for a wrongful death. Specifically, children, spouses, and parents are the primary claimants for any compensation due in a wrongful death suit.
Not every state allows these family members to file wrongful death suits on their own. In fact, several states require a “personal representative” or executor of the estate to file a wrongful death suit.
Who Cannot Recover Damages from a Wrongful Death Lawsuit in Maryland?
Sometimes, a close relative is an ineligible beneficiary. For example, in the death of a child, a parent generally can’t pursue a wrongful death claim against the other parent. Our experienced Baltimore wrongful death lawyers can help you sort through the nuances of this type of claim and work to get the compensation that you deserve.
What if There Are No Primary Beneficiaries to File a Wrongful Death Claim in Baltimore?
If there is no spouse or children who can qualify to file a wrongful death claim, the decedent’s secondary beneficiaries can attempt to pursue legal action.
Who Is a Secondary Beneficiary in a Wrongful Death Case?
Secondary beneficiaries can be anyone related to the deceased victim who relied heavily on them for financial support, such as an aunt, uncle, grandparent, or cousin.
What Happens if a Household’s Primary Earner Dies Due to a Wrongful Act?
When a spouse or parent who was the primary earner for a household dies, the financial burden can be tremendous. Replacing lost earnings can seem impossible and may cause the rest of the family to lose their home or file for bankruptcy.
Fortunately, survivors in this situation can typically file a wrongful death claim to seek compensation for the lost financial earnings of their deceased loved one.
What Kinds of Fatal Accidents Most Often Lead to Wrongful Death Lawsuits?
Many different situations can be classified as wrongful death. The following are some of the most common fatal accidents that lead to wrongful death lawsuits:
- Car or truck accidents
- Dangerous products
- Bike accidents
- Equipment malfunctioning
- Dog bites and other animal attacks
- Medical negligence and oversight
- Slip and fall accidents due to dangerous conditions on a property
- Pedestrian accidents
How Can You Determine Whether Your Loved One Died Due to Negligence?
You may not know from the immediate aftermath of a loved one’s death whether they died due to the negligence of another individual. That is why you should contact our wrongful death attorneys right away to discuss the matter and determine if a civil claim can be filed on your behalf.
Who Can a Baltimore Wrongful Death Lawyer Help?
Our experienced lawyers have represented hundreds of families and individuals after fatal accidents. We represent wives, husbands, parents, and children of deceased individuals who receive the compensation the family deserves after a death. We also represent individuals who were “substantially dependent” upon the deceased after an accident that results in death.
What Is Considered a Wrongful Act in a Wrongful Death Case?
Accidents happen, and when someone you care about dies from a wrongful death, you should familiarize yourself with Maryland’s definition of a “wrongful act” as an act that was negligent, felonious, or a default that caused a death.
What Happens After You File a Wrongful Death Claim in Baltimore?
Once a wrongful death claim is filed, the judge must assess the claim’s viability. The defendant is then served, and the jury will consider their actions and testimony to determine whether they could have done more to prevent the death.
What Happens if a Defendant is Found Liable for a Victim’s Death?
If the defendant is found to have violated the law in any way, or if they breached other legal obligations, there is a good chance that the defendant will be liable for the wrongful death and have to pay the surviving family damages.
How Many Years Do You Have to Sue for Wrongful Death in Maryland?
If you plan to bring a wrongful death claim, it is important to understand that there is a time limit on when you can make that claim. Maryland law states that a claim requesting damages for a wrongful death needs to be filed within 3 years from the date of the death, which might differ from the date of injury for injuries that are not immediately fatal.
Why Should You Hire a Lawyer for a Wrongful Death Claim in Baltimore?
Handling a lawsuit after someone you care about has died can feel like an overwhelming burden. When you are going through the process of grieving, little else seems to matter. For this reason, hiring an attorney who understands the ins and outs of the wrongful death claims process might be the best decision you can make.
Regardless of whether you plan to sue a company or an individual, wrongful death cases can become complicated. If you decide to go down this route, you want to use the best tools and resources available to achieve the best possible outcome.
How Often Do Wrongful Death Claims Settle in Maryland?
In Maryland, many wrongful death claims are settled without going to trial and being heard by a jury. Often, the involved parties can settle without the additional time and expense of going to court.
What if a Wrongful Death Case Goes to Court?
If your case does actually go to court, our wrongful death attorneys must show that the defendant(s) caused the victim’s death and that survivors are owed damages. To prove this, your lawyer will talk to you about the case and will put together evidence to show the jury that there was a wrongful cause of death.
Who Has the Burden of Proof in a Wrongful Death Case?
The burden to prove a wrongful death lies with the plaintiff. The defendant does not have to prove anything, while the plaintiff must prove the defendant is more than likely liable.
What Is the Standard of Proof for Wrongful Death Lawsuits
In wrongful death cases, which are a civil matter, the standard of proof amounts to a “preponderance of evidence.” A plaintiff in a wrongful death lawsuit must convince the court that there is more than a 50% likelihood that the defendant is responsible for the victim’s death. Wrongful death cases do not require proof of intent.
When Do You Have a Strong Wrongful Death Case?
If a victim can prove that the injury that caused the wrongful death was a result of negligence (such as a faulty piece of safety equipment or a drunk driver), they have a strong case. When negligence is determined as the cause of death, the victim is oftentimes entitled to receive compensation from the at-fault party.
Who Can Be Liable for a Fatal Car Accident in Baltimore?
Thousands of people die each year in traffic accidents, sometimes immediately and sometimes after lingering for a lengthy period. These deaths cause considerable anguish for the surviving family members, even though they usually were not involved in or present for the fatal accident.
Negligent Driver
Automobile accidents are the most common reason for a victim’s family to file a wrongful death lawsuit. The family of a decedent may sue the driver or drivers whose negligent behavior (such as speeding or driving under the influence of drugs or alcohol) caused the fatal accident.
Car Manufacturer
A family may also sue the vehicle manufacturer if the company failed to disclose issues with its products, such as faulty parts.
Other Parties
Other common defendants in driving-related wrongful death suits include commercial trucking companies, government agencies that are responsible for road maintenance, and government agencies that maintain vehicles, such as city buses. These entities can be found liable for accidents resulting in death, as can individuals they employ.
What if Medical Malpractice Causes a Wrongful Death?
In addition to motor vehicle accidents, wrongful death suits frequently arise from cases of medical malpractice.
A hospital or nursing home is liable for a wrongful death if its employees were negligent in caring for a patient, if the facility’s leadership demonstrated negligence in its hiring and supervising practices, or if the facility failed to maintain its equipment or follow standard medical protocol properly.
Who Can You Sue for a Wrongful Death Due to Medical Malpractice?
A wrongful death victim’s family may be able to sue individual hospital employees, such as doctors or nurses, in addition to the hospital itself.
When Can’t You Sue a Hospital for a Wrongful Death?
A facility cannot be held liable for the negligent actions of physicians and other medical professionals it does not employ, even if they were working on its premises when they failed to provide proper care to a patient.
The estate of a wrongful death victim may sue these independent contractors instead of the facility in which the negligent treatment occurred.
What Types of Medical Malpractice Often Result in Wrongful Death Lawsuits?
The following examples of malpractice often result in wrongful death lawsuits:
- Improper administration of anesthesia
- Failure to prescribe the correct medication or to administer the proper dosage to the patient
- Errors during surgical procedures
- Birth injuries
- Neglect or abuse
- Delayed diagnosis or misdiagnosis of an illness
- Use of defective equipment
Can You File a Wrongful Death Lawsuit Because of a Defective Product?
Product liability cases are another common source of wrongful death suits. Manufacturers have a duty to ensure their products are safe for the public. When a defective product causes a person’s death, the manufacturer is typically liable. Retailers, product distributors, and product designers can also be defendants in wrongful death lawsuits.
Can You File a Wrongful Death Lawsuit for a Death in the Workplace?
Families may file wrongful death suits against places of employment as well. Workplace fatalities may result from on-the-job accidents, such as falls, burns, or explosions.
However, a Maryland employer can also face a wrongful death lawsuit if a worker dies from long-term exposure to a harmful chemical that they encountered on the job site, such as asbestos. Construction companies, mining companies, and factories are some of the most likely employers to be on the receiving end of wrongful death lawsuits.
Does the Defendant Need a Criminal Conviction to Be Held Liable for Wrongful Death?
If someone dies as the result of a criminal act, including murder, the family of that person may file a wrongful death suit. The defendant does not need to have been found guilty in a criminal trial for the victim’s estate to initiate such a lawsuit.
Who Are Personal Representatives in Wrongful Death Claims?
A personal representative may be named in the decedent’s will or be court-appointed. Personal representatives may be individuals or institutions, such as banks.
Who Are Primary Beneficiaries in Maryland Wrongful Death Claims?
A primary beneficiary—the decedent’s spouse, children, or parents—may initiate a wrongful death case, a survival claim, or both. Secondary beneficiaries—such as the decedent’s siblings, nieces and nephews, cousins, and other members of the decedent’s extended family—may file a wrongful death or survival claim if there are no living primary beneficiaries or if no primary beneficiary is willing to pursue a case.
What Is the Purpose of a Wrongful Death Claim in Baltimore?
In Maryland, wrongful death claims are designed to compensate the deceased person’s family for the loss of wages, support, and companionship that follow an unexpected death. Survival claims are meant to compensate a decedent’s estate for expenses related to the death, including funeral and burial costs, the decedent’s medical costs, and the decedent’s pain and suffering.
What Factors Influence Damages in Wrongful Death Cases?
Many factors influence how much money that a wrongful death victim’s family can claim, including the following:
- The decedent’s age and overall health at the time of their death
- The severity of the negligence or misconduct that resulted in the decedent’s death
- The amount of medical bills that the decedent incurred between the date of their injury and the date of their death
- The severity of the decedent’s pain and suffering before their ultimate death
- Whether the decedent was a high earner, particularly if they had dependents to support
- The decedent’s character
Why Do Survivors File Wrongful Death Lawsuits?
The families of decedents file wrongful death suits to recover “economic damages,” such as a decedent’s hospital bills and other medical costs or income that the decedent would have earned if they were still alive. Families also file wrongful death lawsuits to recover non-economic damages, such as their own loss of love or the decedent’s pain and suffering. Some states set maximum amounts for the damages families can seek.
What Is the Average Recovery in a Wrongful Death Case?
The amount of money in wrongful death settlements varies greatly, but many cases involve hundreds of thousands or even millions of dollars.
What Damages Are Available in Baltimore Wrongful Death Claims?
Damages in a wrongful death claim compensate relatives for what they have lost because of a loved one’s death, including both economic and non-economic damages.
Economic Damages
Economic damages include the financial support the deceased would have provided, as well as the value of the services the deceased would have provided (cooking, home maintenance, and the great many other things that relatives—especially spouses—do for each other).
Determining exactly what those services would have been in any given case, and assigning a value to them, is highly subjective, which is why survivors need the services of a truly experienced wrongful death attorney.
Non-Economic Damages
Non-economic damages are those intended to compensate for mental and emotional suffering, and the loss of the deceased’s role in the lives of the family members. The latter is a rather vague concept that is usually described in terms of “loss of affection” and “loss of companionship.”
Punitive Damages
Punitive damages may also be available for wrongful deaths involving actual malice in Maryland, such as an intentional assault that involves fatal injuries. Maryland does not limit punitive damages in wrongful death claims, and allows juries to award however much they think is appropriate based on the defendant’s conduct.
What Is a Survival Action?
A survival action is distinctly different from a wrongful death lawsuit. It is filed by the victim’s personal representative to recover damages that the victim would have been entitled to recover but if they had not died.
What Damages Can the Estate Recover from a Survival Action?
As in wrongful death claims, damages can include both economic and non-economic damages. The following are typical economic damages awarded in survival actions:
- Medical costs incurred from the accident until death
- Lost wages from the accident before death
- Funeral expenses
The non-economic damages awarded in a survival action are for the pain and suffering the deceased experienced from the time of the accident until death.
Who Gets Damages Awarded in Survival Actions in Baltimore?
Damages awarded in survival actions are payable to the victim’s estate and then distributed according to the will or, if none, the intestacy laws.
What Elements Are Necessary to Prove Wrongful Death Lawsuits?
A civil court cannot award any damages to a wrongful death victim’s family (“the plaintiff”) until the plaintiff has shown the court that the defendant acted negligently and that this negligence caused the victim’s death. There are four “wrongful death elements” that the plaintiff must prove: duty of care, breach of duty, causation, and damages.
What Is a Duty of Care in a Wrongful Death Claim?
Part of proving a wrongful death claim is establishing that the defendant owed the deceased individual a “duty of due care.” This means the defendant was obligated to ensure the deceased person’s safety or to refrain from actions that could harm them.
In the case of a fatal traffic accident, the plaintiff would argue that the defendant’s duty to the decedent was to drive vigilantly.
What Are Duty Breaches in Wrongful Death Cases?
The plaintiff must also prove that the defendant failed to fulfill their duty of care. To accomplish this, the plaintiff could present evidence that the defendant was looking at their cell phone at the time of the accident. This is not something that a vigilant driver would do. Therefore, the defendant breached their duty of due care.
What Is Causation in a Wrongful Death Lawsuit?
The defendant’s breach of duty must have actually caused fatal harm to the decedent, an element known as “causation.” For example, another driver could have crashed into the victim’s vehicle and caused the victim’s fatal injuries before the defendant reached the scene and struck the decedent’s car.
In this case, the jury would be unlikely to find the defendant liable for the victim’s death. However, the defendant would likely be liable if another driver had initially wounded the victim, but the defendant caused additional injuries to the victim that were the reason for their death.
How Do You Prove Damages from a Wrongful Death?
Lastly, a plaintiff who has proven the first three wrongful death elements must prove damages using hospital bills, income records, expert witness statements, and personal testimony. As mentioned, most damages fall into the economic or non-economic categories discussed above, but punitive damages may also be available.
Does the Type of Accident and Wrongdoing Matter in a Wrongful Death Claim?
What matters is that someone’s death was “wrongfully” caused, not what the “legal grounds” are; wrongful death claims are just as appropriate when the defendant’s liability is based on strict liability as when it’s based on negligence or when it’s based on the defendant’s direct actions, like drinking and driving, as when it’s based on indirect actions like hiring a delivery driver with a known drunk-driving history.
What Wrongful Death Damages in Maryland Are Capped?
Maryland limits non-economic damages in wrongful death claims with 2 or more beneficiaries arising on or after October 1, 2026 at $1,470,000. For wrongful death claims with a single beneficiary, the current cap is $980,000.
There is also a separate wrongful death cap on non-economic damages for medical malpractice incidents with a single beneficiary or 2 or more beneficiaries.
What Is the Statute of Limitations for Baltimore Wrongful Death Claims?
Maryland’s statute of limitations for wrongful death lawsuits is 3 years.
When Does the Statute of Limitations Start for a Wrongful Death Case?
Each state has established a time limit for a decedent’s family or personal representative to file a wrongful death suit. This period does not necessarily begin upon the person’s death; it can instead begin on the “date of discovery”—when a decedent’s family learns the cause of their death.
Why Do You Need a Wrongful Death Lawyer to File Your Case?
If you have a loved one who has died due to negligence or misconduct, you can’t navigate the complexities of a wrongful death case alone. Consult a licensed wrongful death attorney with the experience to help you prove your case and reach the best possible outcome.
File on Time
You need a lawyer to ensure your lawsuit is filed with the court before the statute of limitations expires, which would disqualify you from recovering any compensation at all.
Calculate Damages
Once your case is filed, our attorneys can calculate damages, review the complex rules on beneficiaries, and explain how damages will be allocated among beneficiaries; not to mention the Maryland cap on “non-economic” damages like pain and suffering.
Prove Your Case
There is no wrongful death recovery or survival action until you prove that the death was wrongful. To handle wrongful death actions successfully, your attorney needs experience establishing negligence in a wide variety of accident types, including medical malpractice.
Negotiate a Settlement
Grieving families often need a lawyer to get a respectable out-of-court settlement and avoid a trial, which can be traumatizing for survivors who have just lost a loved one.
Famous Examples of Wrongful Death Cases
Many Americans have become familiar with the concept of wrongful death lawsuits through the news, and the following are examples of wrongful death cases that have made headlines across the country:
- In 1995, former football player O.J. Simpson was acquitted of murder in the deaths of his ex-wife, Nicole Brown Simpson, and her friend, Ron Goldman. In 1997, however, a civil jury found him liable for the deaths. Goldman’s family was awarded $8.5 million in compensatory damages and $25 million in punitive damages.
- In the 1970s, the Pinto subcompact was a top-seller for Ford Motor Company. However, it had a serious flaw in its design. The gas cap was located at the back of the vehicle, making the car susceptible to catching on fire in rear-end collisions. Numerous drivers and passengers died as a result of this issue. Ford eventually issued a recall for the Pinto, but the company was found liable in multiple wrongful death cases. During one trial, a memo surfaced showing that Ford knew about the hazard associated with the Pinto and refused to change the car’s design. The company’s executives decided it would be more cost-effective to pay damages in wrongful death lawsuits than to spend an additional $11 per vehicle to manufacture a safer Pinto.
- In 2006, the family of Melinda Duckett filed a wrongful death suit against television host Nancy Grace. Duckett committed suicide after appearing on Grace’s show to discuss the disappearance of her son, and her family claimed that the toughness of Grace’s questions caused Duckett to take her own life. The family later dismissed the lawsuit and agreed to a settlement.
High-profile cases like these have increased society’s understanding of wrongful death lawsuits. These cases have captured public attention because of their sensational nature, but they have also educated the public on what a wrongful death case is and how it differs from a criminal case.
If not for such well-publicized cases, some members of the public might remain unaware that they can seek damages after the untimely loss of a family member.
Contact Our Baltimore Wrongful Death Attorneys Today
Call Rice Law at 410) 694-7291 for a free case evaluation from our wrongful death attorneys.