Wrongful Death Lawsuits in Maryland
Who can bring a wrongful death claim in Maryland, the deadline to file, and any limits on damages.
Short answer: 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. Md. Code, Cts. & Jud. Proc. § 3-904(a), (b), (c), (f)
| Who can sue for wrongful death | 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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| Wrongful death deadline | 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. |
More Maryland personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Maryland
- Medical Malpractice Rules in Maryland
- Car Accident Claims in Maryland
- Dog Bite Liability in Maryland
- Motorcycle Accident Claims in Maryland
- Pedestrian Accident Claims in Maryland
- Bicycle Accident Claims in Maryland
- Uber and Lyft Accident Claims in Maryland
- Truck Accident Claims in Maryland
- Construction Site Injuries in Maryland
- All Maryland personal injury & wrongful death rules
FAQ
Who can file a wrongful death lawsuit in Maryland?
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.
How long do you have to file a wrongful death lawsuit in Maryland?
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.
Does Maryland cap damages in personal injury cases?
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.
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.