Who Has the Right to File a Wrongful Death Lawsuit in Maryland?
Losing a loved one is a devastating experience, and the pain is only intensified when the loss was caused by another’s negligence or wrongful act. While no amount of money can replace your family member, a wrongful death claim can provide a sense of justice and the financial stability needed to move forward. However, Maryland law has specific rules defining who is eligible to file such a claim. At Murphy, Falcon & Murphy, our compassionate team is here to help you understand your rights during this difficult time. Here are five key points about who can file a wrongful death lawsuit in Maryland. Schedule a consultation today.
Primary Beneficiaries: The Immediate Family
Maryland law establishes a “two-tiered” system. The first right to file a claim belongs to the primary beneficiaries. This group is strictly limited to the surviving spouse, children (including minor and adult children), and parents of the person who passed away. If any member of this group is alive, they are the only ones who may bring the action.
Secondary Beneficiaries: The Role of Dependency
If there are no surviving primary beneficiaries (no living spouse, children, or parents), the right to file then passes to a secondary group. A secondary beneficiary can be any person related to the deceased by blood or marriage, but they must also prove they were “substantially dependent” on the deceased for financial support.
The “Survival Action”: The Estate’s Claim
In addition to the wrongful death claim, a separate but related action called a “survival action” can be filed by the personal representative of the deceased’s estate. This claim seeks to recover damages the deceased themselves could have claimed had they survived, such as medical expenses incurred before death, funeral costs, and compensation for their conscious pain and suffering.
Why You Need an Experienced Wrongful Death Attorney
Navigating the complexities of both a wrongful death claim (for the family’s suffering) and a survival action (for the estate’s losses) is challenging. A skilled wrongful death attorney understands how to pursue both claims simultaneously to ensure all possible damages are recovered for the family and the estate. This is a critical role for your legal representative.
The Statute of Limitations: A Critical Deadline
In Maryland, a wrongful death claim must generally be filed within three years of the date of death. This deadline is strict, and failing to file within this period can permanently bar you from seeking compensation. It is vital to consult with a wrongful death lawyer in Maryland as soon as possible.
CALL TODAY
As a premier personal injury law firm in Baltimore, Murphy, Falcon & Murphy has the experience and compassion to guide you. Our dedicated team, led by a top wrongful death lawyer in Maryland, will handle the legal complexities, so you can focus on your family. If you have lost a loved one, contact us today for a confidential consultation.