Hiring a Wrongful Death Lawyer in Maryland
Who can bring a wrongful death claim in Maryland, the deadline, limits on damages, how lawyers usually charge (contingency fees), how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Maryland: fee rules
| If a lawyer takes your money | The Client Protection Fund of the Bar of Maryland, created in 1965 and supported by practicing attorneys, reimburses clients who lose money through misappropriation by Maryland lawyers (or out-of-state lawyers authorized to practice in Maryland) acting as attorneys or fiduciaries, except to the extent the loss is bonded; malpractice is not covered. Reimbursement for one claim, or all claims against the same attorney, cannot exceed 5% of the Fund's net balance. Claims must be filed within six months after the claimant discovers the theft (the Trustees may accept late claims). Filing is free, and a lawyer who helps may not charge a fee. Fund home: https://www.mdcourts.gov/cpf ; governing rules: Md. Rules 19-601 to 19-610 |
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Maryland rules to know first
| Who can sue | The action is for the benefit of the spouse, parents and children of the person who died. If there are none, it may be brought for any person related by blood or marriage who was substantially dependent on the person who died. Only one wrongful death action may be brought for a death, and the jury divides the award among the beneficiaries. A parent convicted of certain crimes against the child's other parent is excluded. |
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| Deadline to file | Within three years after the death. Special rules apply to deaths caused by occupational disease (within 10 years of death or 3 years from discovering the cause, whichever is shorter) and to homicides where the wrongdoer's identity was concealed. |
| Damage caps | Yes. Noneconomic damages (pain, suffering, disfigurement, loss of consortium and similar losses) in personal injury and wrongful death cases are capped. The cap was $500,000 for causes of action arising on or after October 1, 1994 and rises by $15,000 every October 1. The cap that applies depends on when the cause of action arose. In a wrongful death case with two or more beneficiaries, the total noneconomic award may not exceed 150% of the cap. The jury is not told about the cap; the judge reduces any award above it. |
Find and check a lawyer
| Lawyer referral service | The Maryland State Bar Association does not make referrals itself; it says "Your county's bar association can help you find a lawyer in your area" and lists county bar numbers, including Anne Arundel (410) 222-6859, Baltimore City (410) 539-3112, Baltimore County, Carroll and Frederick (410) 337-9100, Harford (410) 836-0123, Howard (410) 313-3853, Montgomery (301) 279-9100, and Prince George's and Charles (301) 952-1440. Fees are set by each county service. |
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| Check that the lawyer is licensed | The Maryland Judiciary's attorney listing, drawn from its Attorney Information System, lets you search by last name (partial names allowed) and first name, with a similar-names option. An attorney listed as active is in good standing and authorized to practice; other listings may show inactive or retired attorneys, judges, or attorneys with disciplinary or administrative actions affecting eligibility. Questions: Supreme Court of Maryland Clerk's Office, 410-260-1500. |
| Check discipline history or file a complaint | Complaints about Maryland lawyers go to the Attorney Grievance Commission's Office of Bar Counsel, which investigates and prosecutes violations of the Rules of Professional Conduct. Read the instructions, complete and print the Attorney Complaint Form (English or Spanish), and mail it to the Office of Bar Counsel, 200 Harry S. Truman Parkway, Suite 300, Annapolis, MD 21401. Questions: (410) 514-7051 (staff cannot discuss complaint details by phone). Public sanctions and actions affecting licensure are posted on the Commission's website. Sanctions: https://www.mdcourts.gov/attygrievance/sanctions |
Free legal help
| Free legal aid | The Maryland Court Help Center, run by the Maryland Judiciary, offers "Free legal help with your civil matter" by phone at 410-260-1392, Monday-Friday 8:30 a.m.-8 p.m. Maryland Legal Aid, the state's LSC-funded legal aid organization, provides free civil legal help to eligible low-income Marylanders. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.