Losing a loved one is always painful, but when their death results from someone else’s negligence or reckless behavior, the loss feels even more overwhelming.
The sudden, unexpected nature of a wrongful death leaves families struggling to cope with emotional devastation while also facing financial burdens.
If someone else’s actions caused your loved one’s death, you may have the right to pursue a wrongful death claim. The Baltimore wrongful death lawyers at Furman | Honick Law help survivors protect their legal rights after a wrongful death. Schedule a free consultation to assess your case today.
This legal action seeks compensation for both economic and non-economic damages.
Economic damages cover tangible losses like funeral expenses, medical bills, and the loss of financial support. Meanwhile, non-economic damages address the emotional toll, including the loss of companionship, love, and support.
However, pursuing compensation involves more than simply filing a claim—it requires substantial evidence to prove your case. Gathering this evidence and building a strong claim is complex, which is why having skilled legal guidance is mandatory during this difficult time.
Causes of Wrongful Death
Wrongful death happens in many ways.
Here are some examples:
- Auto accidents
- Motorcycle accidents
- Bicycle accidents
- Boating accidents
- Airplane accidents
- Medical malpractice
- Defective products
- Workplace accidents
- Dog bites
- Slips and falls
- Drownings
- Premises liability
- Accidental poisoning
- Criminal acts
Who Can File a Wrongful Death Lawsuit in Baltimore?
Under Maryland’s wrongful death statute, specific family members have the right to file a wrongful death lawsuit if a loved one’s death was caused by someone else’s negligence or intentional act.
The law prioritizes these immediate family members in a wrongful death claim, ensuring they receive the financial compensation they deserve for their tragic loss.
Primary Beneficiaries
Maryland law designates surviving spouses, children, and parents as the primary beneficiaries able to file a wrongful death action.
These individuals can seek compensation for both economic and non-economic damages stemming from the victim’s death, including:
- Funeral expenses and burial costs
- Medical bills related to the fatal injury or medical negligence
- Lost wages and future financial support
- Compensation for mental anguish, emotional pain, and loss of companionship
Secondary Beneficiaries
If there are no immediate family members, more distant relatives may be eligible to file a wrongful death case, including siblings, cousins, or other extended family members who were financially dependent on the deceased person.
Statute of Limitations
The Maryland wrongful death statute imposes a strict time limit for filing a lawsuit. Generally, the victim’s family has three years from the date of the deceased person’s death to file a civil lawsuit.
There are exceptions, especially in cases involving medical malpractice or other complex civil actions. Consulting an experienced wrongful death lawyer at Furman | Honick Law ensures your rights are protected.
Potential Damages You May Claim
When pursuing a wrongful death lawsuit, families have the right to seek compensation for economic and non-economic damages resulting from their loved one’s death.
Economic damages include the tangible costs of the loss, such as funeral expenses, medical bills, and lost wages.
Non-economic damages focus on the emotional impact of the loss. These damages address the pain and suffering endured by the family, including the loss of companionship, love, and guidance.
For a surviving spouse, compensation may include the loss of marital relations, while children might receive compensation for the loss of parental care and nurturing.
In some instances, Maryland law also permits compensation for the mental anguish and emotional distress suffered by the family.
Why You Need a Wrongful Death Lawyer
When someone else’s negligence has killed your loved one, you may think just suing them will get you quick compensation.
That’s not how it works.
These cases require significant evidence, which is why you must have a lawyer on your side to help.
A lawyer investigates the case. Sometimes, it’s hard to get the facts together since the victim is dead, and the person who allegedly caused their death will likely shift the blame to someone else — even the victim themselves.
That’s why a skilled lawyer will look at all available evidence, such as surveillance videos, police reports, eyewitness testimony, and any documents or photos that provide proof.
A lawyer also helps you understand your legal rights, wrongful death laws, statutes of limitation, and restrictions on who can file a claim.
Non-economic damages are not easily calculated and are especially hard to quantify. That is another important reason you need to work with a lawyer with experience in these types of claims.
Common Defenses in Wrongful Death Cases
When pursuing a wrongful death claim, the responsible party or their legal team may use various defenses to avoid liability. An experienced wrongful death attorney navigates these challenges to build a strong case.
Contributory negligence
One of the most common defenses in wrongful death cases is arguing that the deceased person was partially responsible for their own death.
For instance, in a wrongful death case involving a fatal accident, the defendant may claim that the injured party contributed to the crash by engaging in reckless behavior, such as speeding or ignoring traffic signals.
Under Maryland law, if the deceased is found to have contributed to their own death, it could bar the victim’s family from receiving financial compensation.
Assumption of risk
In certain cases, the defense might argue that the deceased knowingly assumed the risk of their actions, especially if the person’s death resulted from engaging in inherently dangerous activities.
For example, in cases involving premises liability or recreational accidents, the defendant may claim that the victim was aware of the risks and chose to proceed anyway. This defense might reduce or eliminate liability in a wrongful death lawsuit.
Lack of causation
To prove wrongful death, the victim’s family must establish a clear link between the defendant’s wrongful act and the loved one’s death. Defendants sometimes challenge this by arguing that the deceased’s death was due to pre-existing medical conditions or unrelated factors.
For example, in a case involving medical negligence, the defendant might argue that the medical treatment provided was not the direct cause of the death but rather an underlying health issue that led to the fatal outcome.
No duty of care
The defendant may claim they did not owe a duty of care to the deceased person. In wrongful death actions, defendants are legally obliged to act responsibly.
For example, in cases involving a fatal injury at work, the employer might argue that the victim was not their employee or that they had no obligation to provide specific safety measures.
Proving this duty is essential to succeeding in a wrongful death lawsuit.
Intentional acts of third parties
If a third party caused the victim’s death, the defendant might argue that they are not liable because they were not directly involved in the wrongful act.
For instance, in cases where the death resulted from a criminal act, the defense may claim that they had no control over the actions of the third party.
An experienced attorney may prove the connection between the responsible party and the victim’s death, even when a third party is involved.
Contact Furman | Honick Law About a Wrongful Death Claim Today
A loved one’s unexpected death is devastating. If the death stemmed from someone else’s negligent or intentional behavior, seek legal help.
The Baltimore personal injury lawyers at Furman | Honick Law can help you get compensation for funeral expenses and other damages. We know that money won’t bring back your loved one, but it will help bring about justice and closure.
To schedule a free consultation, fill out the online form or call (410) 844-6000.
Wrongful Death FAQs
What is a wrongful death action?
A wrongful death action is a civil lawsuit filed by surviving family members to seek compensation for the untimely death of a loved one caused by someone else’s negligence, wrongful act, or intentional harm.
These claims hold the responsible party accountable and help the victim’s family recover financial damages.
Who is eligible to file a wrongful death claim in Baltimore, MD?
In Maryland, immediate family members, such as the deceased person’s spouse, children, or parents, can file wrongful death claims
If there are no immediate family members, other relatives like siblings or extended family members may be eligible to file. An experienced attorney determines if you have the legal right to pursue a claim.
How are wrongful death damages calculated?
Damages in a wrongful death case include both economic and non-economic losses. Economic damages cover expenses such as funeral costs, medical treatment, and lost wages.
Non-economic damages may include compensation for emotional suffering, mental anguish, and loss of companionship. A wrongful death attorney assesses the full value of your claim to ensure you request fair compensation.
What is the statute of limitations for wrongful death cases in Maryland?
Under Maryland law, the statute of limitations for filing a wrongful death lawsuit is generally three years from the date of the loved one’s death.
However, certain exceptions may apply, such as cases involving medical malpractice. It is crucial to consult a lawyer promptly to avoid missing this deadline.
Can I file a wrongful death lawsuit if the death was caused by a medical professional?
Yes, if a medical professional’s negligence, such as a surgical error or failure to diagnose a condition, resulted in the victim’s death, you may have grounds for a wrongful death claim.
These types of cases are complex and require substantial evidence, such as medical records and expert testimony. A skilled wrongful death lawyer can help gather the necessary documentation.
Are wrongful death settlements taxable?
In most cases, wrongful death settlements are not subject to federal income tax.
However, exceptions may exist if punitive damages are awarded. It is advisable to consult with a legal professional or tax advisor to understand the specific tax implications of your settlement.
Can multiple beneficiaries receive compensation from a wrongful death settlement?
Yes, in wrongful death cases, multiple beneficiaries, such as a surviving spouse, children, and parents, may be entitled to a portion of the settlement.
The allocation of damages is confusing, especially if there are disputes among family members. Working with an experienced law firm helps provide a fair distribution.
What evidence is needed to prove a wrongful death claim?
To prove wrongful death, evidence such as medical bills, accident reports, witness statements, and expert testimony is crucial.
In cases involving medical negligence or defective products, additional documentation may be required.
How long does it take to resolve a wrongful death case?
The time it takes to resolve a wrongful death lawsuit varies based on factors like the complexity of the case, the need for expert witnesses, and whether the defendant is willing to settle.
While some cases may settle in a few months, others might take years if they go to trial.
What should I do if I suspect a loved one’s death was caused by negligence?
If you believe someone else’s negligence caused your loved one’s death, it’s important to act quickly.
Document any relevant details, obtain medical records, and reach out to a wrongful death attorney as soon as possible. Legal counsel can guide you through the legal process, helping you gather evidence and seek financial compensation.
If you have more questions about wrongful death claims, the experienced team at Furman | Honick Law is here to help. Call our Baltimore wrongful death attorneys at (410) 844-6000 today for a free consultation.