Who Can File a Wrongful Death Lawsuit in Maryland?

 Posted on August 20, 2025 in Wrongful Death

The death of a loved one is always devastating, but when it is caused by another person’s negligence, it can make you feel the need to hold someone accountable. Along with the grief, surviving relatives often face sudden financial strain. In Maryland, certain family members have the right to file a wrongful death lawsuit to seek compensation for their losses and hold the at-fault party responsible. Speaking with a knowledgeable Washington County, MD wrongful death attorney is the first step and can help you understand your legal options.

What Is Considered a Wrongful Death in Maryland?

A wrongful death occurs when a person’s life is taken due to someone else’s negligence, carelessness, or intentional action. Civil law treats these cases differently from criminal charges, focusing instead on financial recovery for the family.

Wrongful deaths can arise from many situations. For example, a fatal car accident caused by a reckless driver, medical errors leading to preventable death, or fatal injuries from unsafe premises can all result in a civil claim. According to Maryland Courts and Judicial Proceedings Code § 11-108, families may recover damages in civil court even if criminal charges are also filed, and you may still seek compensation even if the person responsible for the death of your loved one is not convicted in criminal court.

Eligibility for Filing a Wrongful Death Lawsuit under Maryland Law

Maryland law divides those who may file a wrongful death lawsuit into two groups: primary beneficiaries and secondary beneficiaries. Under § 3-904, the primary beneficiaries are the spouse, children, and parents of the deceased. These individuals have the first right to bring a claim. If there are no surviving primary beneficiaries, then secondary beneficiaries, such as siblings, cousins, or more distant family members who were financially dependent on the deceased, may file. This structure ensures that the people most affected by the loss have the first opportunity to pursue justice and financial relief.

What Losses Can Relatives Recover From a Wrongful Death Claim?

The law refers to the losses associated with personal injury and wrongful death cases as damages. They include your economic and non-economic losses. To understand the available damages in your case, consider how the death of your loved one impacted you and your family financially and emotionally. Your attorney will work with you to seek compensation for those losses.

Common examples of economic and non-economic damages for wrongful death cases include:

• Funeral costs

• Burial costs

• Loss of future income that the deceased would have provided

• Loss of inheritance

• Loss of the care, comfort, and guidance the deceased provided

• Pain and suffering related to your emotional loss

Keep in mind that Maryland law places limits on certain non-economic damages. Under § 11-108(b)(2), there are caps on damages for emotional suffering, which adjust annually for inflation. As of 2025, the cap for two or more survivors is $2,262,500. This does not apply to economic damages such as lost wages or medical bills, which can be fully recovered.

Contact a Hagerstown, MD Wrongful Death Attorney for a Free Consultation

The dedicated Washington County, MD wrongful death lawyer at Serafini Law is ready to stand by your family during this difficult time. With over 12 years of experience, strong ties to Hagerstown, and active involvement in the local community, Attorney Andrew A. Serafini, Jr. gives every case personal attention. Our firm answers calls 24/7 and handles wrongful death claims on a contingency fee basis, meaning you only pay attorney’s fees if you win. Supportive with clients yet aggressive against insurance companies and defendants, we are committed to pursuing the justice your loved one deserves. Call 240-744-1600 today to schedule your free consultation.