In the tragic event of the death of a loved one, family members may be able to file a Maryland wrongful death claim against the person or entity at fault for their loved one’s death. In Maryland, the Wrongful Death Act permits certain family members to bring a claim for damages after the death of a family member. The Act is meant to compensate families whose loved ones have died due to the wrongful acts of another person or entity.
The Wrongful Death Act is also intended to compensate families for their own loss as a result of the decedent’s death. Therefore, it can be filed only by certain family members, rather than the decedent’s estate. Generally, the family members that can bring a wrongful death claim are a spouse, parent or a child. If the decedent does not have a spouse, parent or child, any other person who is dependent on the deceased accident victim and who is related by blood or by marriage can bring the claim.
A wrongful act under the Wrongful Death Act is an “act, neglect, or default” that would have allowed the decedent to file a claim and recover damages if the decedent had not died. Plaintiffs may be entitled to recover damages for “pecuniary” losses, as well as damages for pain and suffering, parental care, loss of companionship and guidance. In general, a wrongful death claim in Maryland has to be brought within three years of the date of the decedent’s death. There are several exceptions, however, and anyone considering filing a Maryland wrongful death case should consult with a dedicated Maryland injury lawyer.