Wrongful Death Lawyers in Baltimore
Losing a loved one is one of the most difficult things that a person can go through, especially when it results from an avoidable accident. In addition to the emotional suffering and loss of companionship, you may feel pressure from funeral costs and a loss of financial support.
If you have lost a loved one due to another’s negligence or irresponsible actions, contact Greenberg Law Offices today. We can file a Maryland wrongful death claim against the liable parties to recover financial compensation for your losses. While no one can turn back the clock and return your loved one to you, we can seek justice for their death and provide closure.
Contact us today to speak to a wrongful death lawyer in Baltimore.
Why You Should Hire a Baltimore Attorney for Your Wrongful Death Lawsuit
Wrongful death claims and lawsuits are complex and involve proving several causal elements, in addition to proving the reality and extent of losses suffered. When they’re dealing with the fallout of the death of a loved one, the last thing a person wants to deal with is insurance companies and lawsuits.
That’s where we come in. Greenberg Law Offices have over 60 years of experience in personal injury law across three generations of attorneys. Whether arguing at the negotiating table or in the courtroom, we are fierce in our advocacy for those harmed by others and are unafraid to aggressively pursue liable entities. Our lawyers don’t deal in quick one-and-done settlements; instead, we focus on maximizing compensation, even if it includes taking the case to trial.
A wrongful death attorney from Greenberg Law Offices can pursue every possible avenue for securing the financial support you need. Contact us today for a free, no-obligation consultation and discover how we can help you and your family.
What Compensation Could I Recover in a Wrongful Death Claim?
While money can’t ease the pain of losing a loved one, it can help with a family member’s final expenses and aid the surviving family in healing. Maryland’s wrongful death statutes (MD Code 3-904) explicitly state that victims may recover damages for both pecuniary (economic) losses and noneconomic losses. Depending on your circumstance, wrongful death compensation can include money for the following:
- Medical bills incurred prior to death (emergency care, life-sustaining care, etc.)
- Funeral and burial costs
- Lost employment income
- Loss of financial support
- Loss of parental or household care
- Mental anguish
- Loss of companionship or consortium
- Loss of training, guidance, and education
Maryland does not limit compensation for economic losses, but it does have a statutory cap on compensation for noneconomic losses. According to MD Code 11-108, the cap increases by $15,000 every year on October 1. As of October 1, 2024, the current statutory cap is $950,000 in cases with one beneficiary. In cases with two or more beneficiaries, noneconomic compensation cannot exceed 150 percent of the current statutory limit.
In some wrongful death cases, a court might award punitive damages to the surviving family if they determine the at-fault party demonstrated particularly reckless or egregious behavior.
How Are Wrongful Death Settlements Paid Out?
Most states specify the percentage of compensation each beneficiary can receive from a wrongful death claim, but Maryland uses a different rule for how wrongful death settlements are paid out.
In Maryland, the proceeds of a wrongful death claim or lawsuit go to the beneficiaries according to how dependent each was on the deceased. For instance, a spouse who was economically and emotionally dependent on the deceased would likely receive a larger portion of any settlement than a parent who was not dependent on them.
When you speak with a Baltimore wrongful death lawyer from Greenberg Law Offices, we can assess your situation to determine how your wrongful death settlement could be paid out.
What Must I Prove in a Wrongful Death Case?
A successful wrongful death claim that is based on negligence must prove the following:
- The at-fault party owed the deceased a duty of care
- They failed to uphold that duty
- The deceased was killed as a result of the breach
- The deceased’s survivors suffered measurable losses as a result of the death
If these conditions are satisfied, then the plaintiff has a legal claim to recover compensation.
Wrongful death criteria refer to both intentional harm and negligence. An intentional action is one that the at-fault party purposefully commits, such as assault or battery. In these cases, it is sufficient to demonstrate that the defendant committed the act, the deceased was killed, and their survivors suffered harm. If the death resulted from an intentional action, there will likely be a criminal trial in addition to any civil lawsuit you bring.
One important distinction between a wrongful death civil suit and a criminal homicide charge is the burden of proof. In a criminal homicide case, the prosecution must prove beyond a reasonable doubt that the defendant committed the crime. In a wrongful death lawsuit, the lower standard of “preponderance of evidence” applies. This means that the plaintiff need only demonstrate that it’s more likely than not that the at-fault party caused the death, and that the deceased could have filed a personal injury claim had they lived. The lower burden of proof means that plaintiffs have a lower standard to meet to recover damages.
Who Can File a Wrongful Death Lawsuit in Maryland?
According to MD Code 3-904(a)(1), wrongful death beneficiaries in Maryland are the deceased’s spouse, parents, or children. If the deceased has no spouse, parents, or children, the right to file falls to anyone related by blood or marriage or anyone who was substantially dependent on them. If you are unsure whether you are eligible to file a wrongful death lawsuit, contact the attorneys at Greenberg Law Offices today, and we will review your case.
How Long Do I Have to File a Wrongful Death Lawsuit in Maryland?
The Maryland wrongful death statute of limitations sets the statutory period for filing a wrongful death lawsuit at three years from the date of death. Note that the deadline starts counting from the date of death, which might be different from the date any injuries occurred. If you wait longer than three years to file, you will no longer have a legal claim for damages.
The main exception to the three-year time limit is if the wrongful death was the result of occupational disease, such as disease due to chemical or toxic exposure in the workplace. In this case, the time limit is within 10 years of the death or within three years of discovering the cause of death, whichever is shorter.
Regardless of how much time you have, you shouldn’t delay starting your case. Every delay means a lower chance of successfully recovering compensation. A Maryland wrongful death lawyer from Greenberg Law Offices can initiate your claim and pursue it as efficiently as possible. The sooner you start the claims process, the less likely you will face payment delays and denials.
What Are the Common Wrongful Death Cases?
Any situation in which a person dies due to another’s wrongdoing could potentially allow for a wrongful death claim. Some of the most common types of wrongful death claims we work with include the following:
Traffic collisions with cars, commercial trucks, and motorcycles are among the most common causes of accidental death in Maryland and are often a result of negligent actions, like speeding or texting while driving.
Pedestrians and cyclists lack the protections of other motorists, so collisions are often immediately fatal or cause injuries that result in death.
If a defective or inherently dangerous product caused your loved one’s death, product liability laws may allow you to file a wrongful death lawsuit against the manufacturer.
Sometimes, death might result from negligent or substandard practice by a doctor or medical professional. In these cases, you can file a wrongful death lawsuit against the individual professionals of the healthcare facilities that employed them.
As a general rule in Maryland, property owners are legally liable for deaths that occur due to hazards on their property they negligently created or failed to fix. Examples of premises liability include dog attacks, electrocutions, falls, drownings, or fires.
Intentional actions that result in death, such as assault, battery, or homicide, may also be grounds for wrongful death civil action in addition to any applicable criminal penalties.
Employees in dangerous industries, such as construction or manufacturing, can be at risk of death from accidents. If the death was the result of negligent safety practices or safety violations, you may be able to sue the employer for wrongful death.
