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A Maryland wrongful death claim by a spouse is governed by the Maryland wrongful death statute § 3-904. This statute acts more as a limiter on who may recover for the loss of a family member rather than a guidepost for who should recover. This is a tough break for many family members who oft feel closer to the deceased than did an estranged parent. However, the statute’s purpose is primarily to limit cousins, friends, and anyone with any imaginable connection to the deceased from recovering. If this were possible, people who lost nothing at all would be able to recover. Moreover, the courts would be overwhelmed with nonstop legal action, looking to get paid for the loss of someone they never really knew. In the law of inheritance, this is known as the laughing heir. In Maryland wrongful death cases, § 3-904 disallows this.
When you lose a spouse, your world falls apart. It is an indescribably painful experience. Sometimes, it happens due to something outside anyone’s control, like an illness. However, it is particularly infuriating when it occurs due to a third party’s negligence or intentional conduct. As the decedent’s spouse, you may have the right to file a claim. This is actually a distinct claim from what the estate of the decedent will file. Although, the two claims typically are joined in the same action. Your claim can cover a range of losses, including but not limited to economic support previously provided by the deceased and non-economic damages, such as loss of companionship and emotional support. Below, we discuss how to know if you are eligible, the types of compensable damages for your claim, distinct from the damages suffered by your spouse, and any statutes of limitations.
If you believe you have a viable wrongful death claim, contact our office today for a free consultation.
The eligibility criteria for spouses is dictated by § 3-904 of the Maryland Code. As stated above, this statute is more about limiting eligibility than describing criteria. § 3-901 defines all terms subject to interpretation prior to introducing the substance of the statute. While the statute does define a child and a parent in the context of the statute, it does not define a spouse. Thus, we are left to understand that a spouse is one that is otherwise recognized by Maryland law. In Maryland, common law marriage is not recognized. In other words, a couple cannot acquire marital rights and responsibilities by living together for a particular period of time.
Accordingly, if you were married to the decedent at the time of their death, you may be eligible to file a wrongful death claim. But who can you pursue a claim against? § 3-902 of the Maryland code details who you may hold financially responsible. According to subsection (a), an action may be maintained against a person whose wrongful act causes the death of another. Whether we are suing for a negligence cause of action or a battery, this causal link is required. Even if that tortfeasor has also passed, an action may be maintained against the personal representative for the tortfeasor’s estate.
An additional element to consider when pursuing a Maryland wrongful death claim as a spouse is in what state to hire an attorney. According to § 3-903, if the death occurs in a state other than Maryland, you may still be able to file suit in a Maryland court. However, the court must apply the substantive law of that jurisdiction where the death occurred. Of course, the court would also need personal jurisdiction over the defendant. Moreover, the procedural rules of the Maryland court would still apply. If the death of your spouse occurred in a state other than Maryland, contact our office, and we will discuss which state’s laws are more favorable for your case.
§ 3-904 of the Maryland Code describes compensable damages in a wrongful death action by a spouse. First, it is critical to note that the damages you are entitled to are not limited by any net pecuniary effects, positive or negative. Compensable damages are available under the statute as follows:
According to § 3-901(g), an action for wrongful death shall be filed within three years of the death of the spouse. But, there are limited exceptions that may apply. If you have missed this deadline, you may still be able to pursue a wrongful death claim. However, we recommend speaking to an attorney immediately to make a Maryland wrongful death claim by a spouse.
The claims process for a Maryland wrongful death claim by a spouse is unique because it is seldom the only claim against the defendant. There likely is also a survival action being pursued against the defendant by the estate of the decedent. You may have a role in that action, too. Our Maryland death attorneys can represent the estate in the survival action and you in your wrongful death claim. The first step is to create an estate for the decedent. Then, our wrongful death attorneys build a robust case for you and your estate.
Once we complete the creation of our demand package, we send it to the adverse insurer for settlement. If we receive settlement offers on your cases, we will maximize your compensation to get you what you deserve. We understand better than anyone in Maryland what it is like to lose a loved one. We know what you are going through, and we leave no stone unturned in our fight against the person responsible for your spouse’s passing.
If you have lost a loved one due to the actions of a third party, do not hesitate to act immediately. These cases can be highly complex. There are statutes applicable in death cases that many personal injury attorneys in the state are not accustomed to. When you contact Gelb & Gelb, you can rest assured that our 70 years of experience handling injury cases in the state have us ready to fight for you. Since our founding in 1954, we have handled over 10,000 cases, including many death cases. Further, we have recovered over $150,000,000 for our clients.
Call our office today for a free consultation at (202) 331-7227.
Copyright © 2025 Gelb & Gelb, P.C. All rights reserved.