Maryland Wrongful Death Laws

Maryland’s wrongful death statute lets the surviving family members file suit if a loved one dies because of another person’s negligence or careless behavior. The death of a family member leaves behind medical expenses, unpaid bills, and emotional loss.

Maryland’s wrongful death laws differ from other states by allowing family members to file wrongful death claims on their own behalf. Only the decedent’s personal representative can file a wrongful death lawsuit in some states.

If you’re faced with a wrongful death claim, you should understand Maryland’s laws and talk to a personal injury lawyer who understands this area of law.

What Is a Wrongful Death?

Maryland law defines a wrongful death as a death caused by a “wrongful act.” This is any act or omission that would have let the party file a tort action on their own behalf if not for the person’s death. Maryland law includes criminal acts of homicide in the statute.

Survivors can file wrongful death suits against any person, business, or estate of a deceased person who caused the death of another person (Maryland Courts and Judicial Proceedings Code, Section 3-902).

Maryland Wrongful Death Laws

Wrongful deaths can arise from many causes. Some common sources of wrongful death cases are:

• Medical malpractice
• Car accidents
• Occupational injuries and diseases
• Homicide and other criminal acts

The parties bringing the case must show that the defendant was responsible for the person’s death, not that they did so with malicious intent.

Who May Bring an Action?

Maryland law has two types of wrongful death claims, depending on who brings the case and the purpose of the claim.

• A wrongful death claim gets filed by the surviving spouse, parents, or children of the decedent. These claimants get compensation for harm done to them because of their loved one’s death.
• A survival action gets brought by the decedent’s personal representative on behalf of the decedent’s estate (Md. Cts. & Jud. Proc. §7-401y). This claim recovers damages for harm done to the decedent before their death.

If there are no survivors in these categories, secondary beneficiaries who were “substantially dependent” on the decedent may file a wrongful death lawsuit.

What Damages Are Recoverable?

As with any personal injury case, wrongful death suits may recover economic and non-economic damages. Claimants can request:

• Financial compensation (“pecuniary damages”), including lost wages and support
• Medical expenses and costs of care
• Funeral costs and expenses
• Pain and suffering
• Mental anguish and emotional distress
• Loss of companionship and care

Punitive damages require showing the defendant acted with an unusual degree of negligence or intentional disregard for safety. Courts seldom award punitive damages in wrongful death suits.

Statute of Limitations and Damage Caps

Claimants must file actions for wrongful death within three years of the injured person’s death.

In cases of occupational disease involving exposure to toxic substances in the workplace, the claimant has 10 years from exposure to file a wrongful death action. If the family discovered the cause of death later, they have three years to file a claim.

If an adverse party concealed essential knowledge about a homicide, the statute of limitations begins on the date the family could reasonably have known there was a cause of action (Md. Cts. & Jud. Proc. § 3-904(g)(3)).

The cap on non-economic damages in wrongful death claims is $935,000 in 2024. Maryland law allows an increase in the cap each year. The same cap applies to survival actions, so the total recovery in a wrongful death case with a single beneficiary is $1,870,000. Multiple beneficiaries may increase that total.

There is no cap on economic damages or punitive damages.

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decisions.

Related Resources for Maryland Wrongful Death Laws

• Wrongful Death Resources
• Wrongful Death FAQ
• Maryland Negligence Laws

Get Legal Advice from a Maryland Wrongful Death Attorney

Maryland has complex wrongful death laws. If you’re unsure who should file a claim or whether you’re within the time limit, contact an experienced Maryland wrongful death lawyer as soon as possible.