Maryland Wrongful Death Law
Maryland's wrongful death statute is codified at Courts and Judicial Proceedings Article §3-904. It provides a cause of action for certain family members when a person's death is caused by the wrongful act of another. The wrongful death claim belongs to the survivors — not the decedent's estate — and compensates them for their own losses resulting from the death.
The Two Maryland Causes of Action
Who Can Bring a Wrongful Death Claim in Maryland
The wrongful death statute identifies two tiers of beneficiaries:
- Primary beneficiaries — The surviving spouse, children (including minor children and adult children), and parents of the deceased. They have the right to bring the claim regardless of whether they were financially dependent on the deceased.
- Secondary beneficiaries — Siblings and other relatives by blood or marriage who were substantially dependent on the deceased. Secondary beneficiaries may bring a wrongful death claim only if there are no surviving primary beneficiaries.
Damages in Maryland Wrongful Death Cases
Recoverable damages in a Maryland wrongful death action include:
- Loss of financial support the deceased would have provided
- Loss of household services (cooking, childcare, home maintenance)
- Loss of companionship, society, and the relationship with the deceased
- Mental anguish of the surviving family members
- Funeral and burial expenses (in the survival action)
- Medical expenses incurred before death (in the survival action)
- The deceased's conscious pain and suffering before death (in the survival action)
Maryland has a non-economic damages cap in wrongful death cases. The cap applies to pain and suffering and other non-economic damages and is adjusted periodically. An attorney can advise on the current cap and how it applies to your specific case.
Frequently Asked Questions
The statute of limitations for Maryland wrongful death actions is three years from the date of death. For survival actions, the limitations period is generally three years from the date of the injury that caused death, subject to specific rules. These deadlines are strictly enforced. Additionally, if the death involved a government entity, special notice requirements with much shorter deadlines apply. An attorney should be consulted as soon as possible after a wrongful death to ensure all deadlines are identified and met.
Maryland law requires that all beneficiaries of a wrongful death action join in a single claim. Separate lawsuits by different family members for the same wrongful death are not permitted. The damages recovered are then allocated among the beneficiaries based on the losses each has sustained. An attorney can ensure that all eligible family members are included in the action and that the allocation reflects the losses of each beneficiary.
Maryland's contributory negligence doctrine applies in wrongful death cases as well. If the deceased is found to have been contributorily negligent — even one percent at fault for the accident or incident that caused their death — the wrongful death and survival actions may be barred entirely. This is one of the most important reasons to retain experienced legal counsel early: evidence of the deceased's conduct at the time of the incident must be thoroughly evaluated and addressed before the defense has the opportunity to develop its contributory negligence argument.