What is a claim for wrongful death?
A wrongful death claim may be brought on behalf of the family of a deceased person. A person can bring a wrongful death claim when they have lost a loved one through the wrongful act of the defendant. The wrongful act may be an action that is negligent, or it may be an action that is intentional. The defendant in a wrongful death action is the person whose wrongful act causes the death of another. A wrongful death action may also be brought against the defendant’s estate if the defendant is no longer alive at the time the action is filed.
Example: a person is negligent in the operation of their automobile, causing a crash which kills the plaintiff. The driver also dies in the crash. The negligent person’s family can sue the estate of the driver for wrongful death.
Maryland’s wrongful death statute allows a wrongful death action to be brought by a spouse, parent or child of the deceased person.
There are certain crimes and facts which may prohibit a parent from being a wrongful death beneficiary in connection with the death of their child.
A wrongful death action may be maintained against a person whose wrongful act has caused the death of another.
A claim for wrongful death is brought for the benefit of the decedent’s survivors. The damages are the harm caused to the survivors as a result of a decedent’s death.
Who can file a claim for wrongful death?
Primary Beneficiaries
A wrongful death claim can be filed by any primary beneficiary of the decedent under the wrongful death statute. A primary beneficiary is the wife, husband, parent, or child of the decedent.
Secondary Beneficiaries
If there are no primary beneficiaries of the decedent, a wrongful death action may be filed by any person related to the deceased person by blood or marriage, or who was substantially a dependent of the decedent.
In a wrongful death action, regardless of who files the claim, damages may be awarded to the beneficiaries proportioned to the injury resulting from the wrongful death.
When must a wrongful death claim be filed?
An action for wrongful death must be commenced within three years after the death of the injured person. When the death is caused by exposure to toxic substances in the workplace, the actin may be commenced within the shorter of ten years of the death or three years of the date when the cause of death was discovered.