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Serving Injury & Accident Victims
in Maryland, Virginia, and DC
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The loss of a loved one is never easy. The aftermath can be incredibly challenging emotionally, mentally, and financially. Personal injury law allows the survivors of someone killed by another person’s negligent acts to file a wrongful death lawsuit seeking maximum compensation for the loss of his or her loved one. The skilled wrongful death attorneys of DuBoff & Associates, Chartered can help.
Let us handle the legal aspects of your claim while you devote time to honoring and mourning your family member. Our compassionate attorneys will fight hard to ensure that the liable party pays you for all the losses incurred due to the loss of your loved one.
In the state of Maryland, wrongful death is defined as death that results from an accidental injury caused by the negligent act of a legally liable person or entity. State laws in Maryland and the laws of Washington, D.C. allow the heirs of a person killed through an act of negligence to receive fair compensation from the negligent party.
Similar to a personal injury claim, many types of events can give rise to a wrongful death lawsuit, including:
Compensation need not necessarily be for financial losses. Wrongful death suits can yield damages for lost wages, medical bills, funeral costs, loss of companionship, and loss of consortium.
There are two laws in Maryland that detail how wrongful death claims and cases proceed:
Although both actions are triggered by a person’s wrongful death, the process is quite different for both.
In order to file a wrongful death claim, a family member must have proper “standing” to bring such a lawsuit. In Maryland, you can file a wrongful death lawsuit only if you are the surviving spouse, child, or parent of the deceased. (If your loved one was unmarried, without children, and had no surviving parents, other family members may file if they were financially dependent upon the victim.) A successful wrongful death claim provides compensation to the surviving family members for their losses resulting from the decedent’s death.
If you are the beneficiary of a wrongful death claim, you must prove the following:
While these damages are often due to economic losses such as medical bills and loss of financial support, you may also be able to seek compensation for loss of companionship, emotional anguish, and the loss of support provided by your loved one to the household. The Silver Spring wrongful death attorneys at DuBoff & Associates, Chartered can help you determine what losses you can seek.
The effect of this type of action is similar to a personal injury lawsuit. In this case, the victim died instead of merely suffering injuries. The personal representative of the estate of the victim, who can be appointed by their will or by a probate court, acts on their behalf to file the lawsuit. Survival actions are filed to recover compensation for a variety of losses, including:
Under Maryland’s survival law, there is no cause of action if the death is instantaneous, other than for medical bills, lost wages before death, or funeral expenses. Our Silver Spring wrongful death attorneys can explain what you may be entitled to in a survival action.
Proving a wrongful death claim involves demonstrating that the defendant’s actions or negligence directly caused the death of your loved one. This process is similar to proving any other tort claim and generally focuses on establishing the elements of negligence.
To successfully prove a wrongful death claim, you must establish the following elements:
The first step is to show that the defendant owed a duty of care to the deceased. This means proving that they had a legal obligation to act in a certain manner toward the deceased. For example, in a motor vehicle accident case, all drivers have a duty to follow traffic laws and drive safely.
Next, you must demonstrate that the defendant breached this duty of care. This involves showing that the defendant’s actions or inactions failed to meet the expected standard of care. For instance, if the defendant ran a red light, they breached their duty to follow traffic laws.
You must also prove that the defendant’s breach of duty directly caused the death. This means establishing a clear link between their actions and the fatal outcome. In the auto accident example, if running the red light resulted in a collision that caused the death, this element is satisfied.
To prove these elements, various types of evidence can be used:
Consulting with an experienced personal injury attorney can help ensure that all elements of the claim are thoroughly addressed and that you have the best chance of proving your case.
Like personal injury claims, the amount you may receive in a wrongful death claim will depend on the damages suffered. While some are comparatively easy to value, such as medical expenses and lost wages, non-economic losses like physical pain and suffering are more challenging to quantify.
As of 2024, the cap on non-economic damages in Maryland wrongful death lawsuits is $935,000 if there is a single beneficiary. If there are two or more beneficiaries, the total is $1,357,500. The combined limit for a wrongful death claim and survivorship action is $2,262,500.
The cap on non-economic damages for wrongful death cases based on medical malpractice is $860,000 for a single beneficiary. For two or more, the amount of 125% of whatever cap is in place. This amount goes up every year, so we will advise you of any caps that may apply to your compensation claim.
In Maryland, the statute of limitations for wrongful death actions is three years. After that, the claim will be time-barred unless your loved one died from an occupational disease, or illness they contracted in the course of their employment. In that case, you must file your claim within:
If you have questions about how the statute of limitations may apply to your case, we would be happy to answer them.
Generally speaking, wrongful death cases can take anywhere from a few months to several years to reach a resolution. Understanding the timeline and what influences it can give you an idea of what to expect with your own lawsuit.
The process begins with an investigation into the circumstances of your loved one’s death. This involves gathering evidence, obtaining medical records, and possibly consulting experts. This stage can take a few weeks to several months, depending on the case itself and the availability of necessary information.
Once sufficient evidence is gathered, the lawsuit is filed. The defendant is then served with a complaint and has a specified period, usually 30 days, to respond. The timing of this response can influence the overall timeline.
Following the filing, the discovery phase begins. This is a critical stage where both sides exchange information, documents, and take depositions. Discovery can last several months to over a year, depending on how cooperative the parties are and the volume of information involved.
During and after discovery, both sides may engage in settlement negotiations. Many wrongful death cases are resolved through settlement rather than going to trial. Settlement discussions can take a fair amount of time, especially if the parties are far apart in their initial positions. This phase can take a few weeks to several months.
If initial settlement negotiations fail, the parties might opt for mediation or arbitration. These methods aim to resolve the dispute without a trial. Mediation or arbitration can add several months to the timeline, but they often lead to a quicker resolution than going to court.
If a settlement is not reached, the case proceeds to trial. The time it takes to get to trial depends on the court’s schedule and the case’s complexity. Trials themselves can last from a few days to several weeks. After the trial, the court’s decision could be followed by appeals, which can extend the timeline further. A wrongful death lawyer can provide a more tailored estimate and make sure that your family’s interests are represented at every stage.
Maryland has a “pure” contributory negligence law on its books. Very few states still do. This law states that if the victim of a personal injury claim can be found to be even one percent responsible for the accident in question, the entire claim can be dismissed. This is one of the many reasons that if you suspect you might have a valid personal injury or wrongful death claim, you should retain legal counsel as soon as possible.
Yes, you can sue a family member for wrongful death. While it may seem unusual, the law allows individuals to seek justice for the wrongful death of a loved one, even if the responsible party is a family member. This situation typically arises in cases involving negligence, accidents, or intentional harm.
To file a wrongful death lawsuit against a family member, you must establish that their actions directly caused the death. This can be due to negligence, such as reckless driving, or intentional acts, like assault. The key is proving that the family member’s conduct was responsible for the fatality.
Emotions often run high with regard to wrongful death cases. This is one of the many reasons why you should work with a Maryland law firm that understands what you’ve lost and is committed to helping you get the financial compensation your family needs.
The experienced attorneys at DuBoff & Associates, Chartered also have experience in working with clients facing other emotionally charged legal issues such as medical malpractice and nursing home abuse. We can assign an accurate value to your claim, deal with insurers and other parties on your behalf, and guide you through this challenging time in a supportive manner.
Most wrongful death attorneys in Maryland work on a contingency fee basis. This means that you do not pay any upfront fees. Instead, the attorney’s fees are a percentage of the compensation awarded if the case is successful. If it is not, you generally do not owe any attorney fees.
In addition to contingency fees, there may be other costs associated with hiring a wrongful death attorney. These can include:
Some attorneys may cover these additional costs upfront and deduct them from the final settlement or award, while others may require clients to pay them as they arise.
Many wrongful death attorneys offer free initial consultations. During this meeting, you can discuss the details of your case, understand the potential costs, and evaluate whether they are a good fit for your needs. This consultation can provide valuable insights into their approach and fee structure.
DuBoff & Associates, Chartered has handled wrongful death claims for clients in Washington, D.C., and every part of Maryland, including Silver Spring, Bethesda, Bowie, Rockville, Germantown, Easton, Laurel, Montgomery County, and Prince George’s County. Contact us online or at 866.210.6720 to arrange a consultation.
Home and hospital visits are available to our seriously injured clients who are unable to make it to our office and our knowledgeable attorneys offer evening and weekend appointments when necessary. We are pleased to offer free initial consultations in personal injury cases and offer contingency fee arrangements when appropriate.
