Maryland, with its scenic Chesapeake Bay, historic landmarks, and close-knit communities, is a state where many families find comfort, connection, and stability. But even in such a close community, tragedy can strike unexpectedly.
When a loved one dies because of someone else's negligence or wrongful act, the emotional and financial impact can be overwhelming. In these situations, families may have the right to pursue a wrongful death case to seek justice and compensation for their loss.
Understanding how wrongful death lawsuits work and who is eligible to file one in Maryland is the first step toward holding the responsible party accountable. This guide will help you navigate the basics of this legal process.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a type of civil action that is filed when someone dies due to the negligent or intentional act of another person. Possible examples include a car accident, medical malpractice, a dangerous product, or even a violent crime. The lawsuit permits surviving family members to sue for financial damages for the emotional and economic burden of the death.
Maryland law defines wrongful death as a death that occurs due to a wrongful act, neglect, or default that would have entitled the deceased to file a personal injury claim had they survived. While criminal charges are levied by the state to punish wrongdoing in the form of jail time or another penalty, a wrongful death lawsuit is brought by private individuals seeking compensation.
Who Can File a Wrongful Death Lawsuit in Maryland?
Not everyone affected by a loved one's death has the legal right to file a wrongful death claim. Maryland law is quite specific as to who can do this, dividing them into two categories: primary and secondary beneficiaries. Here are some individuals who are eligible to file a wrongful death lawsuit.
Spouse
A surviving spouse is a primary beneficiary entitled to sue for wrongful death. The law acknowledges the emotional, financial, and domestic impacts of losing a spouse, particularly when that spouse was the sole breadwinner or caregiver.
Children
Biological and legally adopted children of the deceased are also considered primary beneficiaries. They can file individually or together with a surviving spouse or parent. The loss of parental guidance and monetary support is among the key accusations.
Parents
The parents of a deceased individual can file a claim even if the deceased was unmarried and had no children. Additionally, if an adult child passes away, their parents are still regarded as the primary next of kin if there are no closer relatives. Both the emotional loss and the loss of support are taken into account.
Other Relatives (Secondary Beneficiaries)
If there are no primary dependents (spouse, children, or parents of the deceased), then other relatives of the deceased may have the right to bring a compensation claim. That may include a sibling, first cousin, or other blood relative or in-law, assuming that person was partly dependent on or partly responsible for the deceased at the time of death.
Courts traditionally assess the level of dependency to determine eligibility. They may need to address claims from multiple family members and how damages will be allocated among them.
One Lawsuit Rule
In Maryland, there are limitations on the number of wrongful death claims that can be filed for a single decedent. All individuals with a claim to the decedent's property should join together in one case. This approach helps avoid inconsistent judgments and ensures that any restitution is distributed fairly among the claimants.
Conclusion
In the State of Maryland, a wrongful death lawsuit is a means for families to seek justice and recover damages in the wake of an unexpected, senseless death. While no lawsuit can reverse the loss, pursuing it may bring closure, accountability, and support for those grieving.
