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Losing a child is an unimaginably painful experience, and when that loss is due to the negligence or wrongful act of another, the grief is only compounded. There is nothing we can do to wash away that grief. But when the loss of life is due to another person or entity, a Maryland wrongful death claim by a parent is in order. A wrongful death claim is technically different from a survival action. A survival action is brought by the estate of the child. However, a wrongful death claim can also be pursued by a parent under § 3-904 of the Maryland Code. We will discuss the challenges of eligibility for parents and when parents cannot make a claim. The Maryland wrongful death statute smartly disallows certain parties from making a claim. In intestacy, there is something known as a “laughing heir.”
This refers to when a distant relative of the deceased inherits a large estate. The Maryland statute does not allow this. In general, only a parent, child, or spouse of the decedent can make a wrongful death claim. But what if a parent is not part of the child’s life? What if the parents are unmarried? Can the father still make a claim? § 3-904 looks to answer these questions, and Maryland caselaw fills in the gaps. A Maryland wrongful death claim by a parent is a crucial first step toward civil justice for the loss of a child. The Maryland wrongful death lawyers at Gelb & Gelb have handled many cases in our 70 years of practice. Further, we have recovered over $150,000,000 for our clients.
We are here to help you navigate this difficult time and are always here to answer any questions you may have throughout your case. Our phone lines are open 24/7 so you can get in contact with us at any point during your case.
In general, a parent is eligible to make a Maryland wrongful death claim for the loss of a child. Although, there are limitations as set by § 3-904. There is a long list of limitations that prohibit a parent from being a beneficiary in a wrongful death action for the death of a child of the parent if the parent is convicted under any one of a number of different criminal statutes. For example, if the parent is convicted for suffocating, strangling, disfiguring, or inflicting serious physical injury on the victim or another in the course of committing a crime, the parent may be unable to make a wrongful death claim. This may seem harsh, and the rule is not always applicable. There may be caselaw that enables you to make a Maryland wrongful death claim as a parent despite having committed these crimes.
Under the statute, a parent is sometimes entitled to make a claim. If your child was a minor on the date of the accident, then we can move to the next step in evaluating the claim. But if your child was not a minor, we must consider § 3-904(d)(4). This states that a parent can recover if an unmarried child over the age of 18 passes and the parent contributed 50 percent or more of the child’s support within the 12 months immediately before the date of death of the child.
§ 3-904(h) specifies whether a father is entitled to a Maryland wrongful death claim as a parent when the parents are unmarried. Remember, common law marriage is not recognized under Maryland law. Thus, even if the two parents live together harmoniously for some years, the state will not recognize you as married without a valid license. Hence, in Maryland, a child born to an unmarried child is deemed a child of the mother. But the child may still be considered the father’s child if it has been judicially determined in a proceeding brought under § 5–1010 of the Family Law Article or § 1–208 of the Estates and Trusts Article.
Or, before the passing of your child, if you, as the father, have:
Additionally, Maryland recognizes a longstanding law known as a “slayer statute.” This law exists to some degree in nearly all states in the United States. It disallows anyone from retaining property or otherwise pursuing a claim to benefit for the loss of life when the person seeking an interest is the one who murdered the decedent. Although, if the murder was unintentional, then you may still be eligible to recover. See Ford v. Ford. In our 70 years of practice, we have yet to have a case that deals directly with this issue. However, it is directly on point regarding eligibility criteria for parents and should be considered.
The usual statute of limitations for a personal injury in Maryland is three years from the date of the accident. However, § 3-904 alters this general rule. § 3-904(e)(2)(ii) states that the rule is different if the death of the child is because of an occupational disease. First, an occupational disease is defined by the statute as a disease caused by exposure to any toxic substance in the person’s workplace and contracted by a person in the course of the person’s employment. So, if an occupational disease killed the child, an action may be filed within ten years of the time of death or three years of the date when the cause of death was discovered, whichever is shorter.
If the child was killed via criminal homicide, the statute of limitations has unique rules that can be explained to you in detail by a Maryland wrongful death attorney at Gelb & Gelb.
Damages for a Maryland wrongful death claim by a parent are governed by § 3-904. Because this is a statute, it trumps caselaw that may say to the contrary. Nonetheless, you may still be entitled to other damages not addressed in the following list.
For any emotional trauma, it is undoubtedly understandable after the loss of a child. Even if a jury cannot relate to your pain, they can try to imagine it as everyone in the room has or had parents. However, we still need to back this claim up with evidence. We want to leave no stone unturned for a high-stakes case like a wrongful death claim. Accordingly, it is best if you speak to a psychiatrist or therapist. They will diagnose you for any trauma related to the loss of your child. Documentation of this loss is more compelling to a jury. If we fail to do this, the defense counsel will still introduce their expert witness, who will attempt to testify that your emotional suffering is not as bad as you claim.
A Maryland wrongful death claim as a parent can help alleviate a lot of stress and financial difficulty. While nothing can fill the void created by the loss of a child, a wrongful death law firm like Gelb & Gelb can help get your life back on track.
Call our office today for a free consultation at (202) 331-7227.
Copyright © 2024 Gelb & Gelb, P.C. All rights reserved.