Bereaved Rights

State wrongful death guide

Maryland Wrongful Death Law Guide

Maryland wrongful death claims must be filed within three years, with recovery available to close family members for financial losses and loss of companionship, subject to noneconomic damage caps.

Quick facts for Maryland

  • Who can file: Maryland allows certain family members—primarily spouses, children, and parents—to file a wrongful death claim. If no primary beneficiaries exist, secondary beneficiaries or the estate’s personal representative may file under specific conditions.
  • Deadline to file: Most Maryland wrongful death actions must be filed within three years of the date of death. In cases involving occupational disease, a different time period may apply.
  • Key statute: Md. Code, Cts. & Jud. Proc. § 3-901 to 3-904

Types of compensation families may pursue

  • Lost financial support and contributions
  • Loss of companionship, comfort, and guidance
  • Medical bills and funeral expenses
  • Mental anguish of eligible beneficiaries
  • Punitive damages (only when actual malice is proven)

Maryland caps noneconomic damages in wrongful death cases. The cap increases annually and differs for single-claimant versus multi-claimant cases.

Maryland wrongful death law: a guide for grieving families

Maryland’s wrongful death laws recognize that a sudden loss affects both the financial stability of a family and the emotional fabric of relationships. When you’re grieving, the legal process can feel overwhelming. This guide breaks down the essentials in clear, steady language so you can understand your options without having to navigate dense statutes alone.

1. What counts as wrongful death in Maryland?

A wrongful death occurs when someone’s negligence or wrongful act causes a person’s death. Common cases include:

  • Fatal auto accidents
  • Medical malpractice
  • Nursing home neglect
  • Dangerous property conditions
  • Defective products

The law allows certain family members to bring a civil claim even when a criminal case is also underway.

2. Who can file the lawsuit?

Maryland divides beneficiaries into:

Primary beneficiaries:

  • Spouse
  • Children
  • Parents

If any primary beneficiary exists, they have priority to file.

Secondary beneficiaries:

If no primary beneficiary exists, extended relatives who depended on the deceased may file, or the estate may bring a survival action.

3. What damages are available?

Maryland allows families to recover:

  • Lost income and financial support
  • Funeral and medical expenses
  • Loss of companionship, comfort, guidance
  • Mental anguish of eligible beneficiaries
  • Punitive damages (rare, must show actual malice)

Damage caps

Maryland limits noneconomic damages. The cap increases yearly and applies differently when:

  • One beneficiary files, or
  • Multiple beneficiaries file

4. Filing deadlines

Most wrongful death lawsuits must be filed within three years of the date of death.

An exception exists for certain occupational disease-related deaths.

5. First steps for families

  • Identify primary beneficiaries
  • Gather medical bills, pay stubs, and funeral receipts
  • Obtain accident reports and medical records
  • Speak with a Maryland wrongful death attorney about damage caps and timing

Disclaimer

This guide is informational only and not legal advice.

Common questions about wrongful death

These answers are general information only and are not legal advice. Laws can change, and how they apply depends on your specific situation.

How long do I have to file a wrongful death lawsuit in Maryland? +

Most wrongful death lawsuits in Maryland must be filed within three years of the date of death. Missing this deadline typically prevents the claim from going forward. A limited exception exists for deaths caused by certain occupational diseases, where a different time period may apply. Because timing issues can be complex, you should speak with a Maryland wrongful death attorney as early as possible. This answer is informational only.

What damages are available in a Maryland wrongful death case? +

Maryland permits families to recover economic damages such as lost financial support, medical bills, and funeral expenses. Noneconomic damages—such as mental anguish, loss of companionship, and loss of guidance—are also available but are subject to statutory caps that increase annually. Punitive damages may be awarded only when the defendant acted with actual malice, which is a very high legal standard. This answer provides general information only and is not legal advice.

Who can file a wrongful death lawsuit in Maryland? +

Maryland law gives priority to “primary beneficiaries,” which include the deceased person’s spouse, children, and parents. If at least one primary beneficiary exists, one or more of them may file the claim. If no primary beneficiaries exist, “secondary beneficiaries” may bring the action. These are relatives who were financially dependent on the deceased, such as siblings or cousins. In some situations, the estate’s personal representative may file a related survival claim. This answer is informational only and not legal advice.