Maryland Wrongful Death Lawyers

In Maryland, when someone's negligence causes a death, the spouse, parents and children can bring one wrongful death claim for their own losses. The estate can bring a separate survival claim for the losses the person who died suffered. Strict fault rules, damages caps and filing deadlines shape both claims.

What to do now:

1. Gather the death certificate and records. Bills, police reports and insurance letters help trace what happened.
2. Find out whether an estate has been opened. The estate's personal representative brings the survival claim.
3. Note the date of death. The wrongful death claim generally must be filed within 3 years of it.

Founding partner Charles Gilman co-founded the trial firm that won a $182 million birth injury verdict against the University of Pennsylvania (Hagans v. Hospital of the University of Pennsylvania).

Call (410) 560-4999. We answer our phone 24/7.

Key Takeaways

• Maryland allows one wrongful death action per death, brought for the spouse, parents and children. Relatives by blood or marriage who were substantially dependent on the deceased qualify only if no spouse, parent or child survives (Md. Code, Cts. & Jud. Proc. § 3-904).
• Maryland follows pure contributory negligence. If the person who died bears any share of fault, the family's recovery can be barred entirely, and the exceptions are narrow (Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (2013)).
• For claims other than medical malpractice, non-economic damages in a wrongful death case with two or more beneficiaries are capped at $1,447,500 for causes of action arising October 1, 2025 through September 30, 2026 (Md. Code, Cts. & Jud. Proc. § 11-108). Medical negligence follows separate rules.
• In a death caused by medical negligence, three years from the death still controls the wrongful death claim, even if the patient's own claim had expired (Mummert v. Alizadeh, 435 Md. 207 (2013)). The claim must still go through Maryland's Health Care Alternative Dispute Resolution Office.
• Gilman & Bedigian takes all personal injury cases on a contingency fee basis. No fee unless we win.

On This Page:

• What waiting costs
• How we build the case
• Who can file
• Wrongful death vs. survival
• Filing deadlines
• Fault defenses
• Damages and caps
• Types of fatal negligence
• Proven results
• Maryland courts
• Fees and what to expect
• Next steps
• Frequently asked questions

What Does a Maryland Wrongful Death Claim Decide, and What Does Waiting Cost?

A Maryland wrongful death claim decides whether the people responsible for a death are held accountable, and whether the family's losses are recognized in money damages. For many families, the claim determines whether lost income, funeral costs, medical bills and the loss of a parent's or spouse's guidance are ever compensated. No lawsuit can undo the loss. It can, however, force answers and put the cost of the harm where it belongs.

We know you may be reading this in the first raw weeks after a death. You don't need to have every answer today. You do need to know which clocks are already running.

The deadlines that keep moving

Under Md. Code, Cts. & Jud. Proc. § 3-904, the wrongful death claim generally must be filed within three years of the death. A minor beneficiary's claim is tolled during minority (Parker v. Hamilton, Md. 2017), but that pause protects the child, not the adult family members. The survival claim follows the deceased person's own deadline, which can be shorter or start earlier.

Medical negligence deaths add steps. The claim must go through Maryland's Health Care Alternative Dispute Resolution Office, and the case needs qualified expert support before it can move forward. Some defendants also require notice before a lawsuit may be filed. Each of these steps takes time to prepare well.

The evidence that fades

Evidence does not wait for families to grieve. Surveillance video may be recorded over. Wrecked vehicles get repaired or sold for scrap. Phones are reset, pool equipment is replaced, and witnesses move away. The earliest weeks are often when the most perishable proof can still be preserved.

If you are ready to talk through what happened, call (410) 560-4999. We take wrongful death matters on contingency, so there is no attorney fee unless we recover for your family.

How We Build a Maryland Wrongful Death Case: Six Steps

Our approach to a Maryland wrongful death case follows six steps: confirm who holds each claim, map every deadline, reconstruct what happened, test fault defenses early, measure the family's full loss, and prepare for trial before comparing options. Each step reflects Maryland's specific rules, because a mistake about beneficiaries, deadlines or contributory negligence can end a claim no matter how strong the facts seem. This is a framework, not a prediction about any family's case.

Charles Gilman, the firm's managing partner and co-founder, guides families through this sequence. He has been named a Super Lawyer from 2015 through 2022 and was a Super Lawyers Rising Star from 2009 through 2014.

Step 1: Confirm who holds each claim

Maryland permits one wrongful death action per death. That single action is brought for the spouse, parents and children of the person who died. The survival claim is different: it belongs to the estate, and the personal representative brings it.

Letters of administration are the court papers that officially appoint a personal representative and give that person authority to act for the estate. If no estate exists yet, opening one becomes an early priority. When the family structure is complex, such as a blended family or estranged relatives, we work to identify every eligible beneficiary so no one with a claim is left out.

Step 2: Map every deadline and filing route

The wrongful death claim generally must be filed within three years of the death. The survival claim has its own deadline, which must be determined for each case. Medical negligence claims must go through the Health Care Alternative Dispute Resolution Office (HCADRO), and some defendants require notice before suit.

The earliest deadline controls the pace of everything else. A medical negligence death also triggers early planning for HCADRO filing and expert certification.

Step 3: Reconstruct what happened

We rebuild the events that led to the death and identify every party who may share responsibility. That may include hospitals, individual providers, property owners, contractors or drivers. Our process includes gathering records and consulting appropriate experts in medicine, safety standards or accident reconstruction, depending on the facts.

The central legal question is causation. Causation means proof that the defendant's conduct caused the death, or put simply, that different conduct would likely have prevented it. Charles Gilman has lectured, at his peers' request, on the use of expert witnesses at trial. That matters here, because causation in a death case usually rises or falls on expert testimony.

Step 4: Test fault defenses early

Defendants in Maryland often argue that the person who died was partly at fault, because contributory negligence can bar recovery entirely. We study the facts the defense is likely to use: speed, ignored warnings, missed medications, or conduct at a pool or on a property. We also assess whether doctrines such as last clear chance might apply on the facts.

A credible contributory negligence argument changes how a case is valued and prepared. It may shift the focus toward defendants or theories where the deceased person's own conduct is not at issue.

Step 5: Measure the family's full loss

The two claims compensate different harms. The wrongful death claim addresses each beneficiary's loss, including lost financial support and, where the law allows, the loss of companionship, guidance and emotional support. The survival claim addresses the deceased person's own losses, such as medical bills and conscious pain before death, plus funeral expenses within a statutory allowance.

Caps differ for medical negligence and other cases. We determine which rules apply before we value the case. Strong proof of conscious suffering can strengthen the survival claim.

Step 6: Prepare for trial, then compare options

The firm was co-founded by Charles Gilman and H. Briggs Bedigian in October of 2012 around a shared willingness to take cases to trial. Briggs Bedigian, who won the firm's $182 million verdict against the University of Pennsylvania, prepares every case for trial. We negotiate from a position of preparation and are ready to take the case to trial when that is necessary to pursue a just result.

When an offer arrives, we compare it with the trial evidence, the damages limits and your family's wishes, including how any recovery would be divided among beneficiaries. A fair offer that reflects the proof may resolve the case. An inadequate offer or contested liability points toward trial.

If you'd like to walk through how these steps apply to your family, call (410) 560-4999. Bring whatever paperwork you have; we can start from there.

Who Can File a Wrongful Death Claim Under Maryland Law?

Under Md. Code, Cts. & Jud. Proc. § 3-904, a Maryland wrongful death action is brought for the spouse, parents and children of the person who died. Relatives by blood or marriage who were substantially dependent on the deceased may qualify, but only if no spouse, parent or child survives. Only one wrongful death action is allowed per death, so every eligible beneficiary must be accounted for within that single case.

Understanding who can file a wrongful death claim is often the first legal question families face. It is also where avoidable mistakes happen. For a deeper look at the statute itself, see our explanation of Maryland's wrongful death statute.

The priority order of beneficiaries

Maryland uses a ranked system, not a flat list. A later class may recover only when no member of an earlier class survives.

What this means for siblings, grandparents and other relatives

A sibling, grandparent or in-law is not automatically shut out. That relative may qualify as a Class 2 beneficiary if no spouse, parent or child survives and the relative was substantially dependent on the person who died. Proof of dependency, such as shared household finances or regular support payments, becomes important in those cases.

Why the "one action" rule matters

Here's why that matters. Because Maryland allows only one wrongful death action per death, family members who are not on speaking terms still share a single case. Leaving an eligible beneficiary out can create serious problems later, so identifying every Class 1 member is a first-week task, not an afterthought. We take the time to map the family tree before anything is filed.

What Is the Difference Between a Wrongful Death Claim and a Survival Action in Maryland?

In Maryland, a wrongful death claim compensates the family members for their own losses, while a survival action carries forward the claim the deceased person would have had if they had lived. The wrongful death claim belongs to the beneficiaries under § 3-904; the survival action belongs to the estate and is brought by the personal representative under Md. Code, Cts. & Jud. Proc. § 6-401 and Md. Code, Est. & Trusts § 7-401(y). Each has its own deadline and its own damages.

A survival action is the lawsuit the person who died could have filed for their own injuries, which "survives" their death and passes to their estate. A personal representative is the person a court appoints to manage the estate, often named in a will or chosen from close family when there is no will.

Put simply, survival actions vs. wrongful death claims explained in one line: the survival claim asks what the person who died lost, and the wrongful death claim asks what the family lost. For general background, see our overview on understanding wrongful death.

Side-by-side comparison

A hypothetical showing why both claims matter

Consider a hypothetical. A 52-year-old father is hit by a delivery truck on the Baltimore Beltway and survives in intensive care for several days before he dies. His wife and two children have a wrongful death claim for the loss of his income, guidance and companionship. His estate has a survival claim for his hospital bills, his conscious pain during those days, and funeral costs within the allowance.

The same facts produce two claims, two sets of damages, and possibly two different deadlines. That is why we evaluate both from the first conversation.

Statute of Limitations: How Long Do Maryland Families Have to File?

In Maryland, a wrongful death claim generally must be filed within three years of the death under Md. Code, Cts. & Jud. Proc. § 3-904. That three-year period applies to medical negligence deaths too, even if the patient's own malpractice claim had already expired (Mummert v. Alizadeh, 435 Md. 207 (2013)), though the claim still must go through HCADRO. A minor beneficiary's claim is tolled during minority under Parker v. Hamilton (Md. 2017).

Tolling means pausing the deadline clock. When a deadline is tolled for a minor, the time does not run against that child while they are under age, but tolling for a child does not extend the deadline for adult family members.

Deadlines by claim type

Why the survival deadline can arrive first

Most families miss this part. The survival claim is the deceased person's own claim, so its clock may have started when they were injured, not when they died. In a medical negligence case, the survival claim follows § 5-109, which can expire earlier than the family's three-year wrongful death deadline. If a loved one was harmed months or years before death, the survival deadline deserves immediate attention.

What to do this month

1. Write down the date of the injury and the date of death.
2. List every hospital, provider, driver, property owner or business involved.
3. Note whether any defendant may be a government body or public entity.
4. Keep every letter from insurers or the estate's court file.

That short list lets a lawyer calculate each deadline quickly.

What Happens If the Defense Says Your Loved One Was Partly at Fault?

Maryland follows pure contributory negligence, as the Court of Appeals reaffirmed in Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (2013). If the person who died bears any share of fault for the incident, the family's recovery can be barred entirely, even when the defendant was far more careless. Exceptions are narrow and depend on the facts, so this defense must be analyzed before a case is filed, not after.

Contributory negligence is the rule that a person who contributed in any way to their own harm cannot recover damages from someone else who also caused it. Only a handful of U.S. jurisdictions still use it, and Maryland is one of them.

How the defense typically frames it

Defense lawyers know the stakes of this rule. They may point to:

• The deceased driver's speed, lane position or seatbelt use
• A pedestrian crossing outside a crosswalk
• A patient missing a follow-up appointment or medication dose
• A visitor ignoring a warning sign at a pool or construction site

Not every one of these arguments is legally meaningful. Some facts have nothing to do with what actually caused the death.

How we respond

Key insight: In Maryland, the most dangerous fact in a wrongful death case is often a small one about the deceased person's own conduct, and families rarely see it coming. That is why we test the defense's likely story at the start.

But there's a catch. A contributory negligence argument can sometimes be answered by focusing on defendants whose duties do not depend on the deceased person's conduct, such as a hospital's own staffing and monitoring decisions. We also assess whether doctrines such as last clear chance might apply, though whether they help depends heavily on the facts. Maryland courts have also had to resolve related defenses, such as whether parent-child immunity applies in wrongful death cases.

What Damages Can a Maryland Family Recover, and Do Caps Apply?

Maryland wrongful death damages compensate each beneficiary for their own losses, while survival damages compensate the estate for the deceased person's losses. For claims other than medical malpractice, Md. Code, Cts. & Jud. Proc. § 11-108 caps non-economic damages; in a wrongful death case with two or more beneficiaries, the cap is 150% of the base amount. That cap does not apply to malpractice causes of action arising on or after January 1, 2005, which follow separate rules.

Economic damages are losses with a dollar figure, such as lost income or medical bills. Non-economic damages cover harms without a receipt, such as grief, lost companionship and the loss of a parent's guidance.

What the wrongful death claim can include

• Lost financial support: the income and benefits the deceased would likely have provided
• Lost household services: childcare, home maintenance and other contributions with real value
• Loss of companionship and guidance, where the law allows: the emotional loss of a spouse, parent or child
• Mental anguish and emotional support losses, where the law allows: the grief and disruption the family endures

What the survival action can include

• Medical bills from the injury to the death
• Conscious pain and suffering before death
• Funeral expenses, up to the $15,000 allowance absent a special order (Md. Code, Est. & Trusts § 8-106(c))

Maryland's non-economic damages cap (non-malpractice claims)

What caps mean for your family in practice

The short answer: caps limit one category of damages, not the whole case. Economic losses such as lost income are a separate category under § 11-108's non-economic cap. That is why careful documentation of income, benefits and household contributions can matter so much in a capped case.

Many families have the same question: what damages can you recover in a wrongful death claim? The honest answer depends on which cap applies, how many beneficiaries there are, and what can be proven. We also look for reimbursement claims, called liens, that health insurers, Medicare or Medicaid may assert against a recovery, and address them before any settlement is final.

Whether punitive damages could be available is a separate question governed by its own standards. It depends heavily on the facts, and we evaluate it case by case rather than assume it.

Which Kinds of Negligence Lead to Wrongful Death Claims in Maryland?

A Maryland wrongful death claim can arise from any death caused by another person's "wrongful act," which includes careless driving, unsafe property conditions, medical negligence and neglect in care facilities, under § 3-904. The type of incident changes the defendants, the evidence, the deadline steps and, in medical cases, the damages rules. The sections below cover the case types we see most often in families' questions.

Fatal car, truck and pedestrian crashes

According to NHTSA crash data, 40,990 people died in motor vehicle crashes in the United States (NHTSA, 2023). In Maryland, families' claims often involve the roads they travel daily: I-695, I-83 through Timonium and Towson, I-95 and US-40.

Commercial vehicle cases add layers. Trucking companies, cargo loaders and maintenance contractors may share responsibility. You can read more about Maryland truck accident claims and pedestrians hit by cars in Maryland. Contributory negligence arguments are common in crash cases, so scene evidence matters enormously.

Deaths caused by medical negligence

When a death follows a missed diagnosis, a surgical error or a failure to monitor, the case is both a wrongful death claim and a medical malpractice claim. HCADRO, the Health Care Alternative Dispute Resolution Office, is the Maryland office where medical negligence claims must be filed before they can proceed. Expert certification planning starts early because the case cannot move without it.

The Agency for Healthcare Research and Quality (AHRQ) studies patient safety nationally. In an individual case, though, what matters is the specific record: the chart, the monitoring data, the orders and the timeline. Remember that the survival claim in a medical case follows § 5-109, which can expire earlier than the family's claim.

Infant and birth-related deaths

Birth injury is a significant focus of the firm's practice. When a baby dies from complications of labor and delivery, the parents are Class 1 beneficiaries, and the case usually proceeds through HCADRO as a medical negligence claim. Our birth injury work includes the $55 million birth injury verdict against Johns Hopkins (Martinez v. Johns Hopkins Hospital), the second-largest medical malpractice verdict in Maryland history.

Drownings and unsafe property

Property owners, pool operators and maintenance companies have duties to keep their premises reasonably safe. In Freed v. D.R.D. Pool Services, a wrongful death case involving a drowning, the firm's case results record a $4,000,000 verdict. Drowning and premises cases often turn on staffing, maintenance records, warnings and barriers, which can disappear or change quickly after a death.

Nursing home neglect and elder abuse

Charles Gilman's practice includes nursing home negligence and abuse. Deaths linked to falls, untreated infections, dehydration or pressure injuries can support wrongful death and survival claims against facilities and operators. Our page on Maryland elder abuse explains warning signs families often notice in hindsight.

Proven Results: What Has Our Firm Recovered in Death and Catastrophic Cases?

Gilman & Bedigian's documented results include a $4,000,000 verdict in a wrongful death drowning case and the largest medical malpractice verdict in Pennsylvania history and the second-largest in Maryland history. These results show the firm's willingness to try serious cases to verdict; they do not predict what any other family's case will be worth. Each case turns on its own facts, defendants, damages rules and evidence.

What these results tell you, and what they don't

The firm has achieved some of the largest verdicts in the Baltimore-Washington DC area as well as throughout Maryland and Pennsylvania. Charles Gilman has been part of Maryland medical negligence matters including Anderson v. University of Maryland St. Joseph Medical Center and Lewis v. Upper Chesapeake Medical Center.

A verdict reflects the evidence and the law in that case, including caps that may reduce what a family ultimately receives. What results can tell you is how a firm prepares. Our attorneys have been featured on or in The Legal Intelligencer, FOX45 Baltimore, The Daily Record, The Wall Street Journal, WJZ, Baltimore Fishbowl, The GW Hatchet, Bored Panda and Jalopnik, but the work that matters most happens in records review, expert preparation and the courtroom.

Filing in Maryland Circuit Courts: Baltimore County, Baltimore City and Beyond

Wrongful death lawsuits in Maryland are typically filed in a circuit court, the state's trial court of general jurisdiction. Maryland has a circuit court for each of its 23 counties and Baltimore City, and the correct court depends on the facts, the defendants and Maryland's venue rules. Once a case is filed, your case notice and the court's assignment will tell you exactly where and before which division it proceeds.

Filing in the Circuit Court for Baltimore County

Our headquarters at 1954 Greenspring Drive in Timonium sits in Baltimore County, near the Circuit Court for Baltimore County in Towson. A wrongful death claim in Baltimore County may arise from a crash on I-695 or I-83, a fall at a local business, or care at a hospital in the county. Our page on medical malpractice in Baltimore County covers county-specific medical cases in more detail.

Filing in the Circuit Court for Baltimore City

Many families' cases involve care at major Baltimore hospitals or crashes on city streets and highways. Those matters may be filed in the Circuit Court for Baltimore City, depending on where the defendants are located and where the events occurred. The firm's Martinez verdict involved Johns Hopkins Hospital.

Across the rest of Maryland

We represent families throughout Maryland, from Harford and Anne Arundel counties to Montgomery, Prince George's, Frederick and the Eastern Shore. The same state statutes govern each case, but each circuit court manages its own docket.

How cases move through a Maryland circuit court

Circuit courts commonly issue scheduling orders that set deadlines for discovery, expert disclosures and motions. A case may be referred to a settlement conference or mediation before trial. Medical negligence cases begin at HCADRO before they reach circuit court.

How long a case takes depends on several factors:

• Whether the case must first go through HCADRO
• The number of defendants and insurers involved
• How many experts each side needs
• Disputes over contributory negligence or causation
• The court's own calendar

When a death involves another state

Baltimore sits close to Washington, DC, Pennsylvania, Delaware and Virginia. A death can involve an out-of-state driver, a hospital across the line, or a crash near a border. Each jurisdiction has its own wrongful death and fault rules, so the first question is which state's law and courts apply. Charles Gilman is admitted in Maryland, Pennsylvania, New York, the District of Columbia and Texas, at both state and federal levels.

The Contingency Fee Model: What Does It Cost to Hire a Maryland Wrongful Death Lawyer?

Gilman & Bedigian takes all personal injury cases, including wrongful death matters, on a contingency fee basis. You pay no attorney fee unless we recover for your family. Case expenses, such as expert and record costs, are a separate topic from the attorney fee, and we encourage you to ask how they are handled before you sign anything.

A contingency fee is an arrangement where the lawyer's fee is a share of the recovery, paid only if the case succeeds. It allows families to pursue a case against a hospital or insurer without paying hourly bills.

What you can expect from us

These are commitments we can state plainly:

1. We answer our phone 24/7.
2. We take personal injury cases on contingency.
3. We gather records, consult appropriate experts, identify responsible parties and document the full impact of the loss.
4. We negotiate from a position of preparation and are ready for trial when that is necessary.

Documents to gather before you call

You don't need everything. Whatever you have helps:

• Death certificate and any autopsy report
• Hospital, medical and pharmacy records or bills
• Police, incident or inspection reports
• Photos, video and names of witnesses
• Letters of administration or other estate papers
• Insurance letters and any settlement offers
• Income records, tax returns and benefit statements
• Marriage and birth records, and proof of dependency if relevant

Questions worth asking any lawyer

Ask how fees and expenses are calculated. Ask who will handle your case day to day, how often you'll get updates, and how a recovery is divided among beneficiaries. A good lawyer will answer each question directly.

Talk With a Maryland Wrongful Death Lawyer Before the Deadline Passes

Under § 3-904, most Maryland families have three years from the death to file a wrongful death claim, and the survival claim's deadline can arrive sooner. In medical negligence cases, the HCADRO claim must be filed within that window, and the expert certificate generally follows within 90 days, which is why early preparation matters. Evidence can also disappear long before any deadline.

The information on this page is for general informational purposes and does not constitute legal advice. Every case is unique, and past results do not guarantee future outcomes. Please consult an attorney about your family's specific situation.

Gilman & Bedigian represents families across Maryland from our Timonium headquarters. Call (410) 560-4999 any time, day or night, to talk with our team about what happened and which deadlines apply to your family.

Frequently Asked Questions

Do we have a wrongful death case in Maryland?

You may have a case if someone else's carelessness caused or contributed to your loved one's death and you are a spouse, parent or child, or a substantially dependent relative when none of those survive. Under § 3-904, the claim also requires proof that the defendant's conduct caused the death. Maryland's contributory negligence rule can bar recovery if the person who died bears any share of fault, so the facts need careful review.

How long do I have to file a wrongful death lawsuit in Maryland?

A Maryland wrongful death claim generally must be filed within three years of the death under Md. Code, Cts. & Jud. Proc. § 3-904. That applies to medical negligence deaths too, even if the patient's own claim had expired (Mummert v. Alizadeh, 2013), though those claims must go through HCADRO. A minor beneficiary's claim is tolled during minority, and the estate's survival claim may have an earlier deadline.

How much does a wrongful death attorney cost?

Gilman & Bedigian takes personal injury cases, including wrongful death, on a contingency fee basis, so there is no attorney fee unless we recover. Case expenses are a separate matter from the attorney fee. Ask us how expenses are handled so you understand the full arrangement before signing.

What is my wrongful death case worth?

No honest lawyer can give a number without reviewing the evidence. Value depends on the beneficiaries' lost support, the deceased person's own losses, the strength of causation proof, any contributory negligence defense, and which cap applies. For non-malpractice claims, § 11-108 limits non-economic damages; medical negligence follows separate rules.

What if the defense says my loved one was partly at fault?

Maryland follows pure contributory negligence (Coleman v. Soccer Ass'n of Columbia, 2013), so any share of fault by the person who died can bar recovery entirely. Exceptions are narrow and fact-specific, and some defense arguments do not hold up once the evidence is examined. We test this defense early and may focus on defendants or theories where the deceased person's conduct is not at issue.

Should we accept the insurance company's first offer?

Before accepting any offer, compare it with the evidence, the applicable damages cap, any medical or insurance liens, and how the money would be divided among beneficiaries. A signed release usually ends the claim permanently. It is wise to have an attorney review any offer and release first.

How long does a wrongful death case take to settle?

Timing depends on whether the case must start at HCADRO, how many defendants and insurers are involved, how many experts are needed, whether fault is disputed, and the court's calendar. A case can resolve by settlement at any stage, or it may go to trial. We prepare each case for trial from the start, which keeps options open.

Will our case go to trial?

Some cases settle and others are tried to verdict. The firm negotiates from a position of preparation and is ready to take a case to trial when that is necessary to pursue a just result. The decision to accept a settlement belongs to the family, after comparing the offer with the trial evidence.

Do we need a lawyer for a wrongful death claim in Maryland?

Maryland does not require a lawyer, but these cases involve beneficiary rules, a personal representative, separate survival and wrongful death claims, HCADRO steps in medical cases, damages caps and contributory negligence. A mistake about any of those can end a claim. A lawyer can identify every responsible party and calculate each deadline.

What if the driver who caused the death didn't have insurance?

Other sources may still be available, depending on the facts. Your family's own auto policy may include uninsured or underinsured motorist coverage, and other parties, such as an employer or vehicle owner, may share responsibility. You can read more about uninsured and underinsured driver accidents in Maryland.

How do we pay funeral and medical bills while the case is pending?

Families often rely on health insurance, life insurance or estate funds in the meantime. In the survival action, funeral expenses are recoverable up to the $15,000 allowance absent a special order (Md. Code, Est. & Trusts § 8-106(c)). Health insurers, Medicare or Medicaid may seek reimbursement from a recovery, so those liens must be addressed before settlement.

Who brings the survival claim, and do we need to open an estate?

The survival claim belongs to the estate, and the personal representative brings it under Md. Code, Est. & Trusts § 7-401(y) and Md. Code, Cts. & Jud. Proc. § 6-401. If no estate has been opened, opening one is usually an early step. The wrongful death claim, by contrast, is brought for the family beneficiaries.

Can a sibling or grandparent file a wrongful death claim in Maryland?

Possibly. Under § 3-904, relatives by blood or marriage who were substantially dependent on the deceased may qualify, but only if no spouse, parent or child survives. Proof of financial dependency is central in those cases.

If your family has questions this list doesn't answer, call (410) 560-4999. We answer our phone 24/7.