Who Can Sue for a Wrongful Death in Maryland?

sue wrongful death maryland

When coping with the untimely and preventable loss of a family member, filing a wrongful death lawsuit can be an important part of the recovery process. Not only can legal action provide closure, but it can also provide much-needed relief from the financial strain stemming from your loved one’s death. While filing a wrongful death lawsuit in Maryland is important, it is not easy. In addition to proving the at-fault party’s liability, family members have strict rules they need to follow, including the family members’ eligibility to file a claim and recover damages. For more information on who can sue for wrongful death in Maryland, please read on, then contact one of our experienced Prince George’s County wrongful death attorneys today. Here are some questions you may have:

What constitutes wrongful death in Maryland?

As with a personal injury claim, many types of events may form the basis of a wrongful death lawsuit, including:

  • A negligence-based incident, such as a car accident
  • Medical malpractice, or
  • An intentional act, including a crime

Who is eligible to sue for wrongful death in Maryland?

In Maryland, statute permits the deceased person’s spouse, parents and/or children to file a wrongful death lawsuit. If no one in any of those groups survives the decedent, any person related to the deceased by blood or marriage and who was substantially dependent on the deceased may file the wrongful death claim.

What can an executor sue for in a wrongful death case in Maryland?

In a successful wrongful death case, the court may award damages to the deceased person’s survivors to compensate them for injuries suffered in connection with the death. In Maryland, damages in a wrongful death case can include compensation for the following categories of loss:

  • Financial contributions the deceased would have made to survivors
  • Mental anguish, emotional pain and suffering
  • Loss of society, companionship, comfort and protection
  • Loss of marital care, parental care or filial care
  • Loss of attention, advice, counsel, training, guidance or education

How do you prove a wrongful death case in Maryland?

In  order to recover compensation for their loved one’s death, the plaintiff must prove that:

  1. The defendant owed the now-deceased person a duty of care
  2. The defendant breached that duty of care to the now-deceased person
  3. The defendant’s particular actions directly caused the wrongful death

Please reach out to one of our skilled Prince George’s County personal injury attorneys if you have any further questions or would like to begin preparing your case. While you may have up to three years, from the date of the person’s death, to file a wrongful death lawsuit, our firm knows that you should never wait to pursue compensation.


If you are injured due to another party’s negligence, contact Timian & Fawcett, LLC. We provide effective legal services to clients in Prince George’s County, Washington, D.C., and all of Maryland. 


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