Losing a loved one due to another's negligence is devastating. Maryland law provides specific rights and remedies for surviving families.
Legal notice: This guide is for informational purposes only and does not constitute legal advice. Laws vary by state — always consult a licensed attorney before making any legal decisions.
Statute of Limitations
Maryland statute of limitations for wrongful death claims: 3 years from the date of death. Contact an attorney immediately.
Under Md. Code Ann., Cts. & Jud. Proc. § 3-904, the primary beneficiaries (spouse, parents and children of the deceased) may bring a wrongful death action. If there are no primary beneficiaries, secondary beneficiaries (siblings, grandparents and others who are substantially dependent on the deceased) may bring the action. Maryland allows recovery for mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, parental care, marital care, filial care, attention, advice, counsel, training, guidance and education.
Maryland-Specific Tip
Maryland's contributory negligence rule applies to wrongful death cases — if the deceased was even 1% at fault, recovery may be completely barred. Maryland has a 3-year statute of limitations for wrongful death claims. Maryland allows a broad class of secondary beneficiaries to bring wrongful death actions if no primary beneficiaries survive.
📊 Maryland allows both wrongful death claims and survival actions to be filed simultaneously — ask your attorney about both.
Contact a Maryland wrongful death attorney immediately
Preserve all evidence related to the incident
Obtain the official death certificate
Document all expenses — medical, funeral, and burial
Do NOT accept any early settlement
Be aware of the 3-year statute of limitations running from the date of death
Ask your attorney about filing both a wrongful death claim AND a survival action
3 years from the date of death. Maryland's contributory negligence rule applies to wrongful death cases — if the deceased was even 1% at fault, recovery may be completely barred. Maryland has a 3-year statute of limitations for wrongful death claims. Maryland allows a broad class of secondary beneficiaries to bring wrongful death actions if no primary beneficiaries survive.
Under Md. Code Ann., Cts. & Jud. Proc. § 3-904, the primary beneficiaries (spouse, parents and children of the deceased) may bring a wrongful death action. If there are no primary beneficiaries, secondary beneficiaries (siblings, grandparents and others who are substantially dependent on the deceased) may bring the action. Maryland allows recovery for mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, parental care, marital care, filial care, attention, advice, counsel, training, guidance and education.
Under Md. Code Ann., Cts. & Jud. Proc. § 3-904, the primary beneficiaries (spouse, parents and children of the deceased) may bring a wrongful death action. If there are no primary beneficiaries, secondary beneficiaries (siblings, grandparents and others who are substantially dependent on the deceased) may bring the action. Maryland allows recovery for mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, parental care, marital care, filial care, attention, advice, counsel, training, guidance and education. Contact a Maryland wrongful death attorney to confirm who has standing in your specific situation.
No upfront cost. Contingency fees — you only pay if you win.
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