Who Can Sue For Wrongful Death In Maryland?

Woman lying on the road

When someone dies because of the careless or wrongful act of another person, it can have a significant impact on many lives. Can anyone who has been affected by the accidental death seek compensation for their losses? What are the criteria for qualifying to bring a wrongful death lawsuit in Maryland and who can sue?

In Maryland, wrongful death claims take two different forms:

  • The estate of the deceased may bring what is known as a “survival action.” Such a lawsuit seeks compensation for funeral and burial expenses, as well as any pain or suffering incurred by the deceased as a result of the accident, but before death.
  • Certain survivors of the deceased may bring a “wrongful death” lawsuit. The damages available in this type of legal action include loss of support, as well as loss of companionship or consortium.

In Maryland, the surviving spouse, parents and children of the deceased are considered “primary beneficiaries.” They may file both a survival action and a wrongful death lawsuit. Other relatives have the status of secondary beneficiaries. A secondary beneficiary will only have a survival or wrongful death claim if there are no living primary beneficiaries.

Jonathan Scott Smith, a Maryland Super Lawyer, has protected the rights of personal injury victims in and around the greater Baltimore area for more than three decades. He is a skilled and experienced litigator with the proven ability to obtain positive results at trial.

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  • Top 100 Lawyers in Maryland by Super Lawyers (2014)
  • 0 Superb” as a litigation attorney by AVVO.
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  • Client Distinction Award (Client Review Rating of 4.5 or higher on 5.0 scale – less than 4% of 900,000+ attorneys listed by Martindale-Hubbell).
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These include the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

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If you have been hurt because of the wrongful act of another person, we can help. Contact our office by e-mail or call us at (410) 441-5054 to schedule an appointment. There’s no cost for your first consultation. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince Georges County and Montgomery County in Maryland.