When you or someone you love dies due to the negligent or intentional conduct of a third party, you may have the right to seek compensation through a wrongful death claim. The Baltimore wrongful death lawyers at Gelb & Gelb, P.C. are ready to speak with you about what happened. We explain your legal options at no charge. In Baltimore in 2022, there were 335 homicides, according to The Baltimore Sun. That figure covers only a fraction of the total deaths in Baltimore that another person caused. Whether the conduct was negligent or intentional, a civil wrongful death action may be available to surviving family members.
Maryland’s wrongful death statute is found at Md. Code Ann., Cts. & Jud. Proc. §§ 3-901 through 3-904. It gives certain close family members the right to pursue compensation when a loved one dies as a result of another party’s wrongful act. Whether the death results from a car accident, a truck accident, a pedestrian accident, a motorcycle accident, an act of violence, or another form of negligence, you deserve to understand your rights. The Baltimore personal injury lawyers at Gelb & Gelb, P.C. are prepared to guide you through this difficult process.
A wrongful death claim is a civil action. Surviving family members bring it when a person dies as a result of another party’s negligent, reckless, or intentional conduct. It is separate from any criminal prosecution that the state may pursue. In a criminal case, the government controls the proceedings. The government determines whether to charge the responsible party. In your civil case, you are in control. You decide whether to pursue a claim. An experienced Baltimore wrongful death lawyer can help you build the strongest possible case on behalf of your family.
Wrongful death claims differ from survival actions. The decedent’s estate brings a survival action. It covers the losses the decedent personally experienced before death. These include medical bills and pain and suffering prior to passing. A wrongful death claim, by contrast, covers the losses that surviving family members experience as a result of the death. Both claims can sometimes be pursued at the same time, depending on the facts. The Maryland survival action attorneys at our firm can help you evaluate whether both claims apply to your situation.
Wrongful death claims in Maryland arise from many types of incidents. Car and truck collisions on Baltimore’s roads and highways are among the most frequent causes. Pedestrian and motorcycle accidents also give rise to many claims each year. The Centers for Disease Control and Prevention reports that unintentional injuries remain a leading cause of death across all age groups in the United States. Medical malpractice, workplace accidents, defective products, and premises liability incidents also result in wrongful death claims in Baltimore and throughout Maryland.
Maryland law limits the right to bring a wrongful death claim to specific family members. The general rule is that a spouse, parent, and child of the decedent may each bring a claim. Close friends, siblings, and other relatives generally do not fall within the primary beneficiary tier of the statute. The legislature recognized that courts often view claims by more distant relatives as being more about financial benefit than about the genuine loss of someone the claimant depended on.
Maryland Code § 3-904(b) provides an important exception. If no spouse, parent, or child qualifies to bring a claim, then any person related to the deceased by blood or marriage who depended substantially on the decedent may pursue an action. This secondary category of beneficiaries ensures that people who truly depended on the deceased are not left without a remedy simply because they do not fall within the primary statutory categories.
Courts interpret the “substantially dependent” standard on a case-by-case basis. Judges look at financial dependence, the nature of the living arrangement, and the degree of reliance the claimant had on the decedent. This analysis can be complex. Consulting with a Baltimore wrongful death lawyer early is important to determine how the statute applies to your circumstances.
Multiple beneficiaries may pursue claims at the same time. The court apportions any recovery among them based on each claimant’s relationship with the decedent and the losses each person suffered. Understanding how this apportionment works can affect the overall strategy of your case. The Maryland wrongful death lawyers at Gelb & Gelb, P.C. handle cases throughout the state, including in Prince George’s County, Anne Arundel County, and the surrounding areas.
The damages available under Maryland’s wrongful death statute extend well beyond simple economic losses. The statute expressly allows recovery for mental anguish, emotional pain, suffering, loss of society, companionship, comfort, protection, marital care, parental care, filial care, attention, advice, counsel, training, guidance, and education where applicable. See Md. Code Ann., Cts. & Jud. Proc. § 3-904. These non-economic damages recognize that the death of a loved one causes profound harm that cannot be reduced to a simple financial calculation.
Economic damages in a wrongful death case may include loss of the financial support the decedent provided to family members. They also include the value of household services the decedent performed. In some cases, funeral and burial expenses are recoverable. When both a wrongful death claim and a survival action are filed, the estate may also seek compensation for the decedent’s medical expenses, lost income from the time of injury to death, and the pain and suffering the decedent experienced before passing.
Maryland imposes a cap on non-economic damages in wrongful death and survival actions. The cap adjusts annually. Following recent case law developments, courts have recognized that the cap does not apply to intentional torts in certain circumstances. This can significantly affect the available recovery when the death results from a deliberate act. An attorney can review the current cap amounts and explain how they may apply to your specific situation.
Every case is different. No attorney can predict a specific outcome or value for any wrongful death claim. A knowledgeable Baltimore wrongful death lawyer can carefully review the facts, identify all potentially responsible parties, gather the evidence needed to support your damages, and present the strongest possible case on your behalf. The value of a Maryland wrongful death case depends on many variables, including the circumstances of the death, the number of beneficiaries, and the losses each family member suffered.
One procedural rule that distinguishes Maryland wrongful death litigation from ordinary negligence cases is the Dead Man’s Statute. Md. Code Ann., Cts. & Jud. Proc. § 9-116 makes a party to certain proceedings incompetent to testify concerning a transaction or statement by a decedent or an incapable person. The purpose of the rule is to protect the estates of deceased individuals from claims that no one can rebut because the key witness is no longer alive.
The Dead Man’s Statute is not without exceptions directly relevant to wrongful death claims. Maryland courts have held that the statute does not apply to suits brought by or against the heirs of the decedent in wrongful death actions. See Reddy v. Modi, 39 Md. App. 675 (1978). In many wrongful death cases, the evidentiary restrictions the Dead Man’s Statute would otherwise impose do not limit what witnesses can say.
Even so, wrongful death litigation in Baltimore involves a complex set of evidentiary and procedural rules that differ from those in a standard personal injury case. Courts scrutinize causation more carefully. The parties involved may include estates, personal representatives, and multiple beneficiaries. The damages analysis requires a thorough understanding of both economic and non-economic losses. Retaining an experienced Baltimore wrongful death lawyer from the outset of your case is essential.
The period immediately following the loss of a family member is an extraordinarily painful time. Even so, certain steps can protect your legal rights during this period.
Preserve any evidence related to the incident that caused your loved one’s death. Photographs of the scene, witness contact information, police reports, surveillance footage, and relevant records should be gathered and preserved as soon as possible. Evidence can disappear quickly. Surveillance footage, for example, may be overwritten within days if parties do not secure it promptly.
Maryland law generally requires wrongful death actions to be filed within three years of the date of the decedent’s death. Md. Code Ann., Cts. & Jud. Proc. § 3-904(g) sets out the limitations period for wrongful death actions. Missing this deadline will almost certainly bar your claim entirely, regardless of its merits. An attorney can confirm the applicable deadline and any exceptions that may apply.
Consult with a Baltimore wrongful death lawyer before speaking with any insurance company. Insurance adjusters represent the interests of the insurer, not your family. Statements made to an insurer early in the process can reduce the value of your claim. Having legal representation from the beginning means you have someone focused exclusively on your family’s interests.
The Baltimore wrongful death attorneys at Gelb & Gelb, P.C. have experience with a wide range of cases. Several types of incidents frequently give rise to wrongful death claims in the Baltimore area.
Motor vehicle accidents are among the most common causes of wrongful death. When a driver’s negligence, recklessness, or intoxication causes a fatal collision, surviving family members may have a claim against the driver. Depending on the circumstances, a claim may also exist against the driver’s employer or other parties. The National Highway Traffic Safety Administration’s Fatality Analysis Reporting System documents the scale of traffic fatalities across the country. Our firm handles fatal car accidents, truck accidents, and motorcycle accidents in Baltimore and throughout Maryland.
Premises liability incidents also give rise to wrongful death claims. A property owner’s failure to maintain safe conditions can cause deaths from falls, fires, or inadequate security. Violence on premises where the owner failed to provide adequate security is one example. Slip and fall incidents resulting in fatal head injuries are another.
Criminal acts, including shootings and other intentional violence, can also result in wrongful death claims in civil court. The standard of proof in a civil case is lower than in a criminal case. It is possible to succeed in a civil wrongful death action even when criminal charges are not filed or do not result in a conviction. Our DC wrongful death attorneys handle similar cases in Washington, D.C., and can advise families who may have claims in both jurisdictions.
Maryland follows the doctrine of contributory negligence. This is one of the strictest fault standards in the country. Under this doctrine, if the decedent contributed in any way to the accident or event that caused their death, the wrongful death claimants may be barred from recovering any damages. Most other states reduce a plaintiff’s recovery in proportion to their share of fault. Maryland bars recovery entirely when the plaintiff shares any fault.
Because of this rule, defense attorneys and insurance companies often argue that the decedent bore some responsibility for what happened. An experienced Baltimore wrongful death lawyer understands these tactics. Gathering strong evidence of the defendant’s fault and minimizing any basis for a contributory negligence defense is a central part of building your case.
The contributory negligence doctrine does have exceptions. The last clear chance doctrine may allow recovery in certain situations where the defendant had the last opportunity to avoid the accident and failed to do so. An attorney familiar with Maryland wrongful death law can evaluate whether any exceptions apply to your case.
Many wrongful death cases resolve through settlement negotiations before trial. A settlement allows the parties to avoid the uncertainty and expense of a trial. It can also provide compensation to the family more quickly. However, not every case settles. Some cases require litigation through the court system to achieve a fair result.
When a wrongful death case goes to trial in Baltimore, it typically takes place in the Circuit Court for Baltimore City or the Circuit Court for the county where the lawsuit is filed. The litigation process involves discovery, during which both sides exchange information and evidence. Depositions of witnesses and experts follow. Pre-trial motions and ultimately a trial before a judge or jury complete the process.
Expert witnesses often play a critical role in wrongful death litigation. Depending on the nature of the case, experts in accident reconstruction, medicine, economics, vocational rehabilitation, and other fields may be needed. They help establish causation, the severity of the decedent’s injuries before death, and the full extent of the family’s losses. Our firm works with qualified experts to build the most complete and persuasive case possible. You can read more about how the timeline of a Maryland wrongful death case typically unfolds and what to expect at each stage.
Many families come to us with similar questions after losing a loved one. We address some of the most common ones here.
Maryland law generally requires wrongful death actions within three years from the date of the decedent’s death. Waiting too long can permanently bar your right to seek compensation. Consult with an attorney as soon as possible after the loss to protect your rights.
A wrongful death claim is brought by surviving family members for their own losses resulting from the death. A survival action is brought by the decedent’s estate for losses the decedent personally suffered before dying, such as medical expenses and pre-death pain and suffering. Both types of actions can sometimes be filed at the same time. Our Maryland survival action attorneys can help determine whether both apply to your case.
Yes. A civil wrongful death claim is entirely separate from any criminal prosecution. The outcomes of the two proceedings do not necessarily affect each other. The burden of proof in civil court is lower than in a criminal case. Your family can pursue a civil claim regardless of whether or how the criminal case resolves.
At Gelb & Gelb, P.C., we handle wrongful death cases on a contingency fee basis. You pay no attorney’s fees unless we obtain a recovery for your family. This arrangement allows families who have lost a loved one to access experienced legal representation without paying upfront costs.
If your family member died as a result of negligence or misconduct in Washington, D.C., different laws apply. Our firm practices in both Maryland and the District of Columbia. We can advise you on how D.C. law differs from Maryland law. You can learn more on our DC wrongful death lawyer page.
Gelb & Gelb, P.C. is a personal injury law firm based in Washington, D.C. that represents clients throughout Maryland, including in Baltimore and Baltimore County. Our attorneys have handled thousands of negligence cases. The unique procedural and substantive challenges that arise in wrongful death litigation are something we understand deeply. Every case receives our full attention and seriousness, because behind every file is a family that has suffered an irreplaceable loss.
Informed clients make better decisions. When you work with our firm, we take the time to explain how Maryland’s wrongful death statute applies to your situation. We explain what damages may be available and what realistic outcomes look like based on the facts of your case. No attorney can make promises about results. The outcome of any legal matter depends on the specific facts, the applicable law, and many other factors. What we can promise is that we will work diligently and honestly on your behalf.
Our firm also represents clients in related practice areas that often intersect with wrongful death cases. These include Baltimore personal injury matters, Maryland wrongful death cases throughout the state, and DC wrongful death matters for families whose loved ones died in the District of Columbia. We also handle cases in Hagerstown, Upper Marlboro, and many other communities across Maryland.
A wrongful death in your family is one of the most difficult things you will ever face. The legal process can feel overwhelming at a time when your focus is on grieving and supporting your family. At Gelb & Gelb, P.C., we handle the legal complexities so that you can focus on what matters most.
You are entitled to understand your rights. Call us today for a free consultation with a Baltimore wrongful death lawyer. There is no fee unless we obtain a recovery for you. Our team is ready to listen to your story and explain how the law applies to your situation with honesty and care.
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