The loss of a loved one is an overwhelming experience. When that loss is caused by the negligence of another person, the pain, grief, anger and confusion that comes with it can make the experience even more devastating.
For almost seventy years, the lawyers at Bekman, Marder, Hopper, Malarkey & Perlin, L.L.C. have been handling a wide variety of wrongful death claims including car, truck, and motorcycle accidents, medical malpractice, and injuries and death caused by defective products. Our legal team regularly represents the families of individuals who have died because of the negligence of others. The combination of our vast trial expertise and our passion for helping our clients receive justice allows us to intelligently and effectively recover for our clients.
Click “Read More” below for specific details about wrongful death lawsuits in Maryland.
Who has the right to file a wrongful death lawsuit?
In Maryland, a wrongful death lawsuit can be filed by the husband, wife, child, or parent of a deceased person. The injured person also has his or her own “survival” claim (brought by the Estate) for the pain and suffering endured prior to the time of death. Unlike some other states, Maryland does usually not allow wrongful death lawsuits to be filed by siblings, step-children, or grandparents. However, there are some unique circumstances in which someone other than the spouse, child or parent may bring a suit if they are financially dependent upon the deceased.
How soon do I have to file a wrongful death claim?
Maryland law requires that wrongful death lawsuits be filed within three years of the person’s death. For example, if your loved one was injured in an automobile collision or because of medical negligence on September 1, 2020 and later died of his injuries on October 1, 2020, you have until October 1, 2023 to file a wrongful death lawsuit in most cases, but the “survival” claim brought on behalf of the injured person would need to be filed by September 1, 2020. To make sure that you do not miss the deadline for filling all the claims you and your family may be entitled to file in a wrongful death suit, you should speak to a lawyer promptly.
What types of damages are recoverable in a wrongful death suit?
In a wrongful death claim, the recovery is measured in terms of damage to family members that result from the loss of their loved one. The spouse, parent, and child of a person who died may recover both “economic” damages (such as lost financial support and the value of services provided around the home by the person who died, like cooking, cleaning, child care, and the like), and also “noneconomic” damages. “Noneconomic damages” are often referred to as “pain and suffering” damages, and include the mental anguish, emotional pain, and grief suffered by the the loss of a loved one.
The survival action is filed on behalf of person who died and also can be made for both economic and noneconomic damages, including medical expenses, funeral and burial expenses, lost earnings, and the conscious pain and suffering that the person who died experienced prior to death.