When another party’s negligence causes a person’s death, surviving family members often face immense emotional and financial strain. In Maryland, the law allows certain relatives to seek justice through a wrongful death claim, which provides a way to hold the responsible party accountable.
What makes a death “wrongful” under state law?
A wrongful death claim is a civil action, distinct from any criminal charges. It arises when a person dies due to an act, neglect or default that would have entitled them to file a personal injury lawsuit had they survived. Such claims can involve fatal car accidents caused by a reckless driver or medical errors. The goal is to compensate the surviving family for their losses, rather than to punish the offender. The foundation of the claim rests on proving another party’s legal fault.
The legal hierarchy for filing a claim
Maryland statute establishes two classes of beneficiaries eligible to file a wrongful death lawsuit.
The law designates primary beneficiaries with the first right to file, including:
- A surviving spouse
- Surviving children
- Surviving parents of the deceased
If no primary beneficiaries exist, the right may then pass to secondary beneficiaries. This group consists of any relative by blood or marriage who was substantially dependent on the deceased. This legal structure ensures the claim is brought by those most directly affected by the loss.
Why does this process require careful guidance
Determining who has the right to file and properly documenting the full extent of a family’s loss can be challenging. Maryland law sets precise rules for establishing eligibility and meeting strict filing deadlines. An incorrect filing can jeopardize a family’s ability to recover damages for their economic and emotional suffering.
For families facing this difficult time, consulting with a legal professional who handles wrongful death claims can provide clarity on the path forward. Pursuing a claim requires careful preparation and a clear understanding of the law.
