In Maryland, wrongful death claims allow the family or representatives of someone who has died due to another person’s negligence or wrongful act to seek compensation. Understanding who can file this claim is essential for protecting your legal rights.
Here, you can learn more about wrongful death claims in Maryland.
Primary beneficiaries
The state of Maryland classifies certain individuals as “primary beneficiaries,” meaning they are the first group eligible to file a wrongful death claim. These individuals typically include the deceased person’s immediate family members, such as:
- Spouses
- Children (including both biological and adopted)
- Parents of the deceased
If these individuals exist, they have the exclusive right to file the claim.
Secondary beneficiaries
If no primary beneficiaries are available, “secondary beneficiaries” may file a wrongful death claim. Secondary beneficiaries are usually extended family members who can prove they were financially dependent on the deceased. Common secondary beneficiaries include:
- Siblings
- Cousins
- Other relatives or dependents
In these cases, the secondary beneficiary must demonstrate that the deceased person financially supported them to qualify for the claim.
Time limit to file
In Maryland, wrongful death claims must be filed within three years of the date of death. Failure to file within this timeframe will likely result in the claim being barred by the statute of limitations.
Damages available in a wrongful death claim
Wrongful death claims in Maryland can seek compensation for economic and non-economic damages. This can include funeral expenses, medical bills, loss of companionship and emotional pain and suffering.
It’s important to consult with a legal professional to determine eligibility and ensure that your claim is filed within the required timeline.
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