When a loved one dies due to someone else’s negligence, the pain and financial burden can feel overwhelming. A Greenbelt wrongful death lawyer from CHASENBOSCOLO understands what your family is going through. We can help you pursue the compensation you deserve. We’ve recovered over $750 million for injured clients and their families since 1986. We’re ready to fight for your family’s rights.
Why Choose CHASENBOSCOLO for Your Wrongful Death Case
CHASENBOSCOLO has been serving families in Greenbelt and throughout Maryland for nearly 40 years. Our team includes 25 attorneys with extensive trial experience. Multiple Super Lawyers and AV-rated attorneys work on our team. These attorneys have received recognition for legal excellence and ethical standards. We’ve handled hundreds of wrongful death cases. We understand the unique challenges families face when pursuing these claims.
Our firm operates on a no-fee guarantee. You pay nothing unless we recover compensation for you. We’re available 24/7 to answer your questions and provide support during this difficult time. Our attorneys have recovered over $750 million for clients since our founding. We’ve secured numerous settlements and verdicts exceeding $1 million in wrongful death and catastrophic injury cases. We work hard to hold negligent parties accountable. Your family deserves fair compensation.
What Is Wrongful Death in Maryland?
Wrongful death is a civil lawsuit filed on behalf of a deceased person’s family members. It allows surviving relatives to seek monetary compensation when someone else’s negligence or intentional actions cause a death. This differs from a criminal case, which the state pursues against a defendant for breaking the law. Understanding the distinction between wrongful death claims and criminal prosecution is essential for families seeking justice.
Maryland law recognizes that when a person dies due to another’s negligence, the surviving family members suffer real damages. These damages include lost financial support, loss of companionship, and emotional pain. A wrongful death claim is separate from a survival action. A survival action allows the deceased’s estate to recover damages for the pain and suffering the deceased experienced before death.
Wrongful death cases can arise from many situations. These include car accidents, workplace injuries, medical malpractice, nursing home neglect, defective products, and inadequate security. The key element is that someone’s negligence or wrongful conduct directly caused the death.
Who Can File a Wrongful Death Claim in Greenbelt?
Maryland law limits who can file a wrongful death claim. Generally, immediate family members have the right to pursue these claims. This includes:
- Spouses of the deceased
- Children of the deceased (both biological and adopted)
- Parents of the deceased (if the deceased had no spouse or children)
- Dependents who relied on the deceased for financial support
The law establishes a priority order for filing claims. If the deceased left a spouse and children, they typically have the primary right to file. If there’s no spouse or children, parents can file. And if there are no immediate family members, dependents may have the right to pursue a claim. Maryland law § 3-904 specifies these eligibility requirements in detail.
Each situation is unique. Maryland law contains specific rules about who qualifies as a dependent or family member. Our experienced attorneys can review your family’s circumstances and explain your rights. We provide free consultations to help you understand your legal options.
Legal Requirements to Prove Wrongful Death
To win a wrongful death case in Maryland, you must prove four essential elements:
First Element: Duty of Care
The defendant owed a duty of care to the deceased. This means the defendant had a legal responsibility to act safely or avoid causing harm. For example, drivers have a duty to follow traffic laws. Property owners have a duty to maintain safe premises. Doctors have a duty to provide competent medical care. Understanding negligence and duty of care is fundamental to any wrongful death claim.
Second Element: Breach of Duty
The defendant breached that duty. This means the defendant failed to act as a reasonably careful person would have acted in the same situation. A breach might involve reckless driving, failure to maintain a safe property, or medical negligence. Proving breach requires detailed evidence and expert analysis.
Third Element: Causation
The defendant’s breach caused the death. You must show a direct connection between the defendant’s actions and the fatal injury. Medical evidence and expert testimony are often necessary in these cases. This is where a thorough accident investigation becomes critical to establishing liability.
Fourth Element: Damages
The family members suffered damages as a result of the death. These damages include financial losses and emotional harm. Documenting these losses is essential for maximizing your recovery. Our team helps families document pain and suffering to strengthen their claims.
Proving these elements requires thorough investigation, medical evidence, expert testimony, and skilled legal advocacy. Our attorneys have the experience and resources to build wrongful death cases. We prepare every case as if it will go to trial, ensuring maximum value for your family.
Types of Damages in Wrongful Death Cases
Maryland law allows families to recover several types of damages in wrongful death cases.
Economic Damages
Economic damages include the financial losses your family suffered because of the death. These include:
- Medical and funeral expenses
- Lost wages and earning potential that the deceased would have earned
- Lost benefits like health insurance or retirement contributions
- Cost of services the deceased provided (childcare, household maintenance)
Calculating economic damages requires a detailed analysis of the deceased’s income, career trajectory, and household contributions. Our case results demonstrate our ability to recover substantial economic damages for grieving families.
Non-Economic Damages
Non-economic damages compensate for the emotional and personal losses your family experienced. These include:
- Loss of companionship and society
- Loss of parental guidance (if a parent died)
- Loss of spousal support and comfort
- Pain and suffering experienced by family members
- Emotional distress and grief
These damages are often the largest component of wrongful death settlements. Maryland courts recognize the profound impact of losing a loved one and allow substantial recovery for these intangible losses.
Punitive Damages
In some cases, Maryland law allows for punitive damages. These damages punish the defendant for particularly reckless or intentional conduct. They also deter similar behavior in the future. Punitive damages are only available in cases involving gross negligence or intentional wrongdoing. When applicable, punitive damages can significantly increase your family’s recovery.
Survival Action
A survival action is a separate claim. It allows the deceased’s estate to recover damages for pain and suffering the deceased experienced between the injury and death. This is distinct from the wrongful death claim filed by family members. Both claims work together to provide comprehensive compensation for your family’s losses.
Statute of Limitations for Wrongful Death in Maryland
Maryland law gives families three years from the date of death to file a wrongful death lawsuit. This deadline is critical. If you miss it, you lose the right to pursue compensation forever. The clock starts on the date of death, not the date you discovered the negligence. Under Maryland Courts and Judicial Proceedings Code §5-101, this three-year window is strictly enforced.
There are limited exceptions to this three-year deadline. In rare cases involving fraud or concealment, the deadline may be extended. However, these exceptions are narrow and difficult to prove. The safest approach is to contact a wrongful death attorney as soon as possible after a death. Why you should always call the police after an accident is one of the first steps in protecting your legal rights.
Acting quickly is important for several reasons. Evidence can disappear. Witnesses’ memories fade. Defendants may take steps to hide evidence or assets. Early investigation helps preserve crucial evidence and strengthens your case. Our attorneys can begin investigating immediately. We work to meet all deadlines and protect your family’s interests.
Frequently Asked Questions
What is the difference between wrongful death and a survival action?
A wrongful death claim is filed by family members. It seeks compensation for their losses. These losses include lost financial support, loss of companionship, and emotional pain. A survival action is filed by the deceased’s estate. It seeks compensation for the pain and suffering the deceased experienced between the injury and death. Both claims can be pursued in the same lawsuit. Both are important to your family’s recovery.
How long do wrongful death cases take to resolve?
The timeline varies depending on the complexity of the case. The number of parties involved matters too. Whether the case goes to trial also affects timing. Some cases settle within months. Others take years. Our attorneys will keep you informed throughout the process. We work to resolve your case efficiently while protecting your interests. Understanding how settlements work can help you prepare for the resolution process.
What evidence do we need to prove wrongful death?
You need evidence showing the defendant’s negligence caused the death. This typically includes medical records, autopsy reports, accident scene evidence, and witness statements. Expert testimony from medical professionals is often necessary. Our investigators and attorneys will gather and analyze all available evidence. We build strong cases for our clients. For guidance on documentation, see our article on the best ways to document pain and suffering.
Can we recover punitive damages in Maryland?
Punitive damages are available only in cases involving gross negligence or intentional wrongdoing. They’re designed to punish the defendant and deter similar conduct. Not all wrongful death cases qualify for punitive damages. Our attorneys will evaluate whether your case meets the requirements. When available, punitive damages can substantially increase your family’s compensation.
What if the deceased was partially at fault?
Maryland follows a “contributory negligence” rule. If the deceased was partially responsible for the accident, it may reduce the compensation your family receives. However, you can still recover damages as long as the deceased was not more than 50% at fault. Our attorneys will analyze the facts. We’ll explain how this rule applies to your case. Understanding contributory negligence is essential for realistic case evaluation.
How much does it cost to hire a wrongful death attorney?
CHASENBOSCOLO works on a contingency fee basis. You pay nothing up front. We only collect a fee if we recover compensation for you. Our fee comes from the settlement or verdict we obtain, not from your pocket. This allows families to pursue justice without worrying about legal costs. Our no-fee guarantee ensures you have nothing to lose.
Contact CHASENBOSCOLO for a Free Wrongful Death Consultation
Your family deserves compassionate, skilled legal representation during this difficult time. CHASENBOSCOLO has the experience, resources, and commitment to help you pursue the compensation your family needs and deserves.
Call (301) 220-0050 or contact us online today for a free consultation. Call (301) 220-0050 or visit our website to speak with a Greenbelt wrongful death lawyer. We’re available 24/7 to answer your questions and discuss your family’s options. There’s no obligation. We work on a contingency fee basis. You pay nothing unless we recover compensation for you.
Let us help your family find justice and move forward.
