Wrongful Death in Maryland? Get the justice and compensation you deserve. Call Attorney Michael Siddons for a FREE consultation: (610) 255-7500. No fee unless we win.

Experienced Wrongful Death Lawyer in Maryland

Losing a loved one due to someone else’s negligence in Maryland carries an additional layer of legal complexity because of the state’s strict contributory negligence rule. If the at-fault party can argue that your deceased loved one was even 1% at fault, they may try to bar the family from any recovery whatsoever. Attorney Michael Siddons understands how to build wrongful death cases that overcome this harsh defense, ensuring that grieving Maryland families receive the justice and compensation they deserve.

Maryland Wrongful Death Laws

Maryland’s wrongful death statute (Md. Code, Courts & Judicial Proceedings §3-904) allows certain family members to file a wrongful death action when a death is caused by a wrongful act, neglect, or default. In Maryland, eligible plaintiffs include the spouse, parents, and children of the deceased. The personal representative of the estate may also bring a survival action for damages the deceased suffered before death. The statute of limitations in Maryland is three years from the date of death. Critically, Maryland’s contributory negligence doctrine applies to wrongful death cases — meaning the defendant can argue the deceased’s own negligence contributed to the death, potentially barring all recovery. This makes experienced legal representation essential.

Types of Wrongful Death Cases We Handle

We handle wrongful death cases in Maryland arising from car, truck, and motorcycle accidents, medical malpractice, workplace and construction accidents, defective products, premises liability and negligent security, nursing home abuse and neglect, pedestrian and bicycle accidents, boating and watercraft accidents (common in the Chesapeake Bay region), and criminal negligence. We investigate every angle to build the strongest possible case.

Compensation Available in Maryland Wrongful Death Cases

Maryland wrongful death damages include the deceased’s lost future income and financial contributions to the family, mental anguish and emotional suffering of survivors, loss of companionship, comfort, and consortium, loss of parental care and guidance, funeral and burial expenses, and medical expenses incurred before death. Maryland also allows the estate to pursue a survival action for the deceased’s pain and suffering before death. There is no cap on wrongful death damages in Maryland (unlike medical malpractice cases, which have specific caps). Punitive damages may be available in cases involving gross negligence or intentional conduct.

Frequently Asked Questions

Who can file a wrongful death lawsuit in Maryland?

Maryland law allows the spouse, parents, and children of the deceased to file a wrongful death claim. The personal representative of the estate may also bring a survival action. In some cases, any person substantially dependent on the deceased may also qualify.

How does contributory negligence affect wrongful death claims in Maryland?

Maryland’s contributory negligence rule means that if the deceased was found even 1% at fault for the incident that caused their death, the family’s wrongful death claim may be completely barred. This makes it critical to have an attorney who can prove the other party was entirely at fault.

What is the statute of limitations for wrongful death in Maryland?

You have three years from the date of death to file a wrongful death lawsuit in Maryland. For claims against government entities, shorter notice requirements apply. Contact an attorney as soon as possible.

Is there a cap on wrongful death damages in Maryland?

There is no cap on general wrongful death damages in Maryland. However, if the wrongful death was caused by medical malpractice, Maryland’s medical malpractice damage caps do apply. These caps are adjusted annually.

Can I file a wrongful death claim for a workplace accident?

Yes. While workers’ compensation may be the primary remedy for workplace injuries, if a third party (not the employer) was responsible — such as a contractor, equipment manufacturer, or property owner — a wrongful death lawsuit can be filed against that party.

Ready to Fight for Your Rights? Contact Siddons Law Firm today for your FREE wrongful death consultation. Call (610) 255-7500. We serve all of Maryland. No fee unless we win.