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Who can file a wrongful death claim in Maryland?

On Behalf of | Oct 2, 2024 | wrongful death |

Losing a loved one is devastating, but when that loss results from someone else’s negligence, the pain can be unbearable. In these tragic circumstances, a wrongful death claim can provide justice and financial support for those left behind.

Who has the right to seek justice?

Under Maryland law, the deceased’s spouse, parents or children has the legal authority to file a wrongful death claim. If none of these exists, any person related by blood or marriage who was substantially dependent on the deceased may file.

The crucial role of personal representatives

In Maryland, wrongful death cases are unique. These cases consist of two separate legal actions. The first is the survival action filed by the deceased person’s estate. The second is the wrongful death action filed by specific family members. This two-part approach ensures comprehensive representation for both the deceased and their surviving family.

Maryland requires the deceased’s personal representative to file for the survival action. This individual, named in the will or appointed by the court, manages the estate and legal proceedings.

These tasks can be overwhelming, especially while grieving. That is why having experienced legal guidance is crucial.

The intricacies of Maryland’s legal framework

Maryland’s wrongful death laws have specific requirements, including:

  • A three-year statute of limitations
  • Specific damage caps for non-economic losses
  • Strict rules about beneficiary hierarchy

Wrongful death claims involve intricate legal processes and emotional challenges. An attorney experienced in both wrongful death cases and estate administration can provide the comprehensive support you need during this difficult time.

Remember, seeking justice for your loved one is not just about compensation—it is about holding responsible parties accountable and preventing similar tragedies in the future. If you are facing this heartbreaking situation, do not handle it alone. Consider reaching out to an experienced Maryland attorney who can guide you through the process with compassion and localized support.

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