Maryland wrongful-death law: 3-year deadline from date of death.

How Maryland wrongful-death law works

Maryland's wrongful-death statute gives certain survivors the right to sue when a person dies because of someone else's negligence or intentional wrong. The statute is purely a creature of legislation , there is no common-law wrongful-death claim in Maryland , and it is interpreted strictly by courts.

The most common factual settings for Maryland wrongful-death cases are fatal motor-vehicle crashes, premises-liability falls and asphyxiations, medical-malpractice fatalities, workplace fatalities (often subject to workers' compensation exclusivity, with third-party suits available against non-employer defendants), and product-liability deaths.

Who can sue under Maryland\'s wrongful-death statute

Standing to bring a Maryland wrongful-death claim is limited to the persons listed in the statute. Other relatives , even those emotionally close to the decedent , generally have no claim unless they meet a statutory definition (e.g., dependent for support).

Damages recoverable in a Maryland wrongful-death case

A Maryland wrongful-death verdict allocates damages among the statutory beneficiaries. The trial court typically apportions the award based on the financial dependency each beneficiary had on the decedent, with the surviving spouse and dependent children receiving the majority share.

For wrongful-death claims arising from medical malpractice, Maryland caps non-economic damages at $875,000 (Md. Code Cts. & Jud. Proc. § 11-108). The cap applies per claim, not per beneficiary.

Survival actions: the decedent\'s own claim

A Maryland fatal-accident case typically has two prongs: a survival action for the decedent's pre-death damages and a wrongful-death action for the survivors' losses. Both are usually filed together but tried under separate substantive rules.

Settlement and probate-court approval

Court approval and beneficiary apportionment are unique features of Maryland wrongful-death settlements. The substantive amount of the settlement may be the easier issue to resolve compared with how it gets divided among the survivors.

Evidence preservation in Maryland wrongful-death cases

In Maryland, the evidentiary burden in a contested personal-injury case is borne by the plaintiff. That practical reality drives the procedural strategy: secure medical records via written authorizations on day one, preserve physical evidence with chain-of-custody documentation, depose witnesses while memories are fresh, and use the formal discovery tools (interrogatories, requests for production, depositions) aggressively. Defendants in Maryland routinely file motions for summary judgment based on evidentiary gaps; the plaintiff who has built a complete record from the start is the one who survives those motions.

How long does a Maryland wrongful-death case take?

Maryland cases settle in three predictable phases: (1) pre-treatment, in which medical care is the priority and no demand is yet appropriate; (2) post-MMI demand, in which a comprehensive demand package is sent and the carrier has 30-60 days to respond; (3) litigation, if pre-suit negotiation fails. The vast majority of Maryland cases resolve in phase 2; only a small fraction reach trial. Settlement values rise as the case advances through these phases because the defense's cost of trial increases.

Common factual patterns in Maryland wrongful-death litigation

Pattern: a Maryland pedestrian is struck in a crosswalk by a delivery van whose driver was looking at a phone. The defendant carries the minimum Maryland liability policy of $25,000. The plaintiff's UM/UIM coverage on their own policy is $300,000 stacked across three vehicles. The eventual recovery in such cases typically maxes out the defendant's liability and then taps the plaintiff's UIM for the balance, with a coordinated release between the two carriers to avoid coverage disputes.

Mistakes that reduce wrongful-death case value

The most common mistakes Maryland injury plaintiffs make are: (1) giving a recorded statement to the at-fault carrier without counsel, (2) signing medical authorizations that are broader than the case requires, (3) settling the property-damage claim and not realizing it can affect the bodily-injury claim, (4) waiting too long to seek treatment (creating "gap-in-treatment" arguments for the defense), and (5) posting about the incident or their injuries on social media. Each of these can substantially reduce settlement value.

Maryland wrongful-death FAQ

How long do I have to file a wrongful-death claim in Maryland?

3 years from the date of death, under Md. Code Cts. & Jud. Proc. § 5-101. The deadline runs from death, not from the underlying injury date.

Who is entitled to recover in a Maryland wrongful-death case?

Generally the personal representative of the estate sues on behalf of statutory beneficiaries , typically the surviving spouse, children, and parents. Specific eligibility depends on the Maryland statute and the family configuration.

Can I bring both a survival action and a wrongful-death claim?

Yes, in most Maryland cases. The survival action recovers the decedent\'s pre-death damages (medical bills, lost wages, pain and suffering before death); the wrongful-death claim recovers the survivors\' losses. Both are typically filed together by the personal representative.

Does Maryland\'s comparative-fault rule apply to wrongful-death cases?

Yes. Maryland\'s pure contributory rule applies to wrongful-death claims. The decedent\'s percentage of fault (e.g., if they were partially at fault in a fatal collision) reduces or bars recovery just as it would in a personal-injury case.

Are punitive damages available in Maryland wrongful-death cases?

Some Maryland statutes allow punitive damages in wrongful-death cases when the conduct was particularly egregious; others do not. Check the statute and recent appellate decisions.

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