Wrongful Death

Wrongful Death Lawsuits in Maryland

The Maryland Wrongful Death Act is found in a statute (the written law of Maryland): Courts & Judicial Proceedings §§ 3-901 – 3-904.

In Maryland, families and loved ones may have a right to damages after the wrongful death of another.

A death by wrongful act means a negligent or intentional act on the part of the defendant that caused death to the injured party. Wrongful death cases are highly complex, and extend to several different areas of possible damages to be collected.

A wrongful death lawsuit, depending on your perspective, might actually mean a survivorship action and might actually mean a lawsuit brought by the surviving family members.

Under Maryland law, a spouse, parent, and child of the decedent may bring the wrongful death suit. This suit, unlike others, directly benefits the family. If there are no living family members, anyone related to the decedent by marriage or a blood relative may bring suit.

Damages in wrongful death suit are somewhat different than other areas of law. Damages awarded can be economic or non-economic.

Types of possible damages that may be collected:

1. Noneconomic Damages: includes emotional pain and suffering, loss of companionship, mental anguish, counsel, parental care, loss of society, comfort, care, protection, and several others covered by the statute.
2. Economic Damages: these damages will differ based off of the relationship that each plaintiff or beneficiary had with the deceased. These could include financial support, future earnings of the deceased, financial benefits that a parent would have expected to receive from the deceased child, etc.