Who Can File a Wrongful Death Lawsuit in Maryland? Understanding Your Rights After a Tragic Loss
Losing someone you love is among life’s most devastating experiences. When that loss results from another party’s negligence, recklessness, or intentional actions, the pain is compounded by a sense of injustice that can feel overwhelming. During this difficult time, understanding your legal rights and options for seeking justice becomes crucial, not just for closure, but also to ensure your family’s financial security and to hold accountable those responsible parties for their actions.
Asking the question “Who can file a wrongful death claim?” is often the first step families take in seeking justice. It is a starting point for understanding Maryland’s specific laws governing these cases. It is also essential for protecting your rights and honoring the memory of your loved one.
What Is a Wrongful Death Lawsuit in Maryland?
Maryland’s wrongful death statute is a civil claim designed to provide legal recourse when a person’s death results from the wrongful act, neglect, or default of another party. A wrongful death lawsuit in Maryland can arise from various circumstances, including:
- Medical malpractice,
- Car accidents,
- Workplace incidents,
- Defective products,
- Criminal acts (even if the perpetrator is not convicted in criminal court), or
- Any situation where negligence or intentional harm leads to a fatality.
The fundamental principle underlying wrongful death law is that when someone’s negligent or intentional actions cause a death, the responsible party should be held accountable for the financial and emotional damages suffered by the deceased’s family members. This accountability serves both as compensation for the survivors and as a deterrent to prevent similar tragedies from occurring in the future.
Maryland’s wrongful death statute, found in Courts and Judicial Proceedings Code § 3-904, establishes specific guidelines for who may file these claims, what damages may be recovered, and when a legal action must be initiated. Understanding these statutory requirements is crucial for ensuring your family’s rights are protected and preserved.
Who Can File a Wrongful Death Claim in Maryland?
Maryland law clearly defines who can file a wrongful death claim. It divides these individuals into primary and secondary beneficiaries:
Primary Beneficiaries
Maryland law limits the right to file a wrongful death claim lawsuit to specific family members who are considered “primary beneficiaries” under the statute. This limitation ensures that only those with the closest relationships to the deceased, and therefore, the greatest losses, can seek compensation through the legal system. If at least one primary beneficiary exists, they have the exclusive right to file the wrongful death lawsuit.
Surviving Spouses: The Primary Beneficiary
A surviving spouse holds the strongest legal position to file a wrongful death lawsuit in Maryland. It includes legally married spouses at the time of death, regardless of whether they were separated (but not legally divorced). The spouse’s right to file is automatic and takes precedence over other potential claimants.
Although common-law marriages are not legal in Maryland, the state may acknowledge it if the couple got married in a state that recognizes such unions. Same-sex spouses who were legally married also possess full rights under Maryland’s wrongful death statute, following the state’s recognition of marriage equality.
Parents of the Deceased
Parents can file wrongful death claims for children who die as a result of another’s negligence. This right exists regardless of the child’s age, marital status, or financial independence. Both biological and adoptive parents possess equal rights under the statute, and these rights continue even if the child was estranged from the parents at the time of death.
In cases involving divorced parents, both retain the right to file a wrongful death claim, though coordination between them is typically necessary to avoid conflicting legal actions. Stepparents may have rights in certain circumstances, particularly if they legally adopted the deceased child.
Children of the Deceased
Children of the deceased, whether minor or adult, biological or adopted, have the right to file wrongful death claims for their parents. This includes children born outside of marriage, provided paternity has been established. Adult children who were financially dependent on their parents may recover different types of damages than those who were financially independent.
Guardians or trustees typically represent minor children in wrongful death proceedings, and special court oversight may be required to ensure that their interests are properly protected throughout the legal process.
Secondary Beneficiaries
If there are no living primary beneficiaries, certain other relatives may be eligible to file a wrongful death claim, including:
- Siblings,
- Cousins, and
- Other relatives by blood or marriage.
However, to qualify as a secondary beneficiary, the person must demonstrate that they were substantially dependent on the deceased.
The Hierarchy of Filing Rights
When multiple eligible parties exist, Maryland law establishes a hierarchy for filing rights. If a surviving spouse exists, they typically have the primary right to file a wrongful death claim. If there is no surviving spouse, parents and children share concurrent rights. This hierarchy prevents conflicting lawsuits and ensures orderly legal proceedings.
However, this doesn’t mean only one person can benefit from a successful wrongful death claim. All eligible beneficiaries can potentially recover damages from a single lawsuit, with the court determining appropriate distribution based on their relationships to the deceased and their individual losses.
Why You Need an Experienced Maryland Wrongful Death Attorney
Pursuing a wrongful death lawsuit in Maryland is emotionally challenging and legally complex. The laws governing who can sue, the types of damages available, and how to prove negligence are nuanced.
An experienced Maryland wrongful death attorney can help you:
- Determine your eligibility to file a claim,
- Investigate the cause of death and gather critical evidence,
- Calculate and pursue full, fair compensation,
- Navigate deadlines and court procedures, and
- Handle the case while you focus on grieving and healing.
Moving Forward with Hope and Justice
While no legal action can bring back your loved one or fully heal the pain of your loss, pursuing a wrongful death claim can provide financial security for your family’s future and ensure that justice is served. It’s a way to honor your loved one’s memory while protecting the interests of those they left behind.
The legal system recognizes that when someone’s negligence or intentional actions cause a death, the responsible parties should be held accountable for the consequences. By working with an experienced Maryland wrongful death attorney, you can navigate the complex legal process while focusing on healing and rebuilding your life.
Remember that you don’t have to face this challenging time alone. Compassionate, skilled legal advocates are available to guide you through every step of the process. They will fight for the compensation and justice your family deserves and treat your loved one’s memory with the respect and dignity it merits.
If you’ve lost a loved one due to another’s negligence or intentional actions, don’t wait to explore your legal options. Contact The Law Offices of Nicholas A. Parr today to discuss your case and learn how the law can help protect your family’s future while honoring your loved one’s legacy.
