Wrongful Death Lawyers in Maryland Fighting For the Rights of Families Impacted by Wrongful Death

When a loved one suddenly dies due to the negligence or carelessness of another person, the aftermath can be devastating. The sudden loss of a loved one is difficult enough without the added trauma of knowing that the death could have possibly been prevented.

Sadly, when a family experiences a wrongful death, the victim is often the main source of income and financial support. The family is now suddenly faced with overwhelming expenses, such as the cost of the funeral and other associated expenses, along with the permanent loss of the deceased’s income.

In Maryland, a wrongful death claim is essentially a personal injury claim that is made by the family of the victim since the victim cannot do it for themselves. Family members of the victim file a claim to hold a defendant responsible for their actions that resulted in the wrongful death.

The most common types of wrongful death lawsuits stem from car accidents, medical malpractice, defective products, or intentional acts such as crimes that include violence.

At the Law Offices of Alex Poberesky, P.A., we can assist you in your time of need and work with you to possibly recover the maximum amount of compensation for the death of your loved one. Contact us at (410) 484-0400 and schedule a free consultation to discuss your potential case.

Wrongful Death Lawyers in Maryland

The Law Offices of Alex Poberesky, P.A. represents Maryland families whose spouse, parent, or child died because of another person’s negligence, recklessness, or wrongful conduct. A Maryland wrongful death claim can raise difficult questions about who caused the death, which parties are legally responsible, and how state law values a family’s losses.

Our attorneys review the circumstances surrounding the death, identify potentially liable parties, and help you understand the legal options available under Maryland law. Call (410) 834-4292 for a free consultation to discuss what happened to your loved one.

What a Maryland Wrongful Death Lawyer Investigates, Negotiates, and Litigates

A Maryland wrongful death claim usually starts with an investigation into how the death happened and who is responsible. Our attorneys gather evidence, review medical and financial records, and communicate with insurance companies on your family’s behalf. When an insurer won’t offer a fair settlement, we prepare the case for litigation in Maryland’s courts.

Investigating the circumstances surrounding the death
Identifying the parties who may be legally responsible
Gathering evidence and reviewing medical and financial records
Communicating and negotiating with insurance companies
Evaluating the full value of your family’s losses
Filing and pursuing litigation when a fair settlement isn’t reached

What Maryland Law Requires to Prove a Wrongful Death Claim

Under Maryland law, a wrongful death claim may arise when a person’s death results from another party’s wrongful act, neglect, or default. Unlike a personal injury claim, the injured person has died, so the case is brought by surviving family members or the estate, not by the victim.

To succeed, a claim generally has to establish:

Negligence: the defendant’s careless or wrongful conduct caused the death.
Breach of duty: the defendant owed a duty of care to the victim and failed to meet it.
Causation: that breach directly caused the fatal injury.
Damages: the death resulted in measurable losses, such as medical expenses, funeral costs, lost income, or loss of support.

Common Causes of Wrongful Death Claims in Maryland

Not every accidental death creates a wrongful death claim under Maryland law; a claim requires proof that someone else’s negligence or wrongful conduct caused it. The circumstances we see most often in our Maryland wrongful death practice include:

Car, motorcycle, and truck accidents
Medical negligence
Dangerous or defective products
Premises liability incidents, such as unsafe conditions on another party’s property
Other negligence-based conduct that causes a fatal injury

Who Can Bring a Wrongful Death Claim in Maryland?

Maryland state laws stipulate that a victim’s spouse, children, and/or parents are authorized to file a wrongful death claim. If for any reason, none of the people previously listed survives the decedent, then any individual who is related to the victim by marriage or bloodline and who was significantly dependent on the deceased also has the legal option to file a wrongful death claim.

What are the Two Different Types of Wrongful Death Claims in Maryland?

There are basically two different options available in relation to wrongful death claims in Maryland.

Beneficiary Actions: This type of wrongful death claim is filed on behalf of the victim’s family, including spouse, children, and parents. This legal option is intended to recover compensation for losses that the family has suffered in relation to the death of the victim, such as lost wages and other losses that involve help with childcare, companionship, etc.
Survival Actions: Survival actions are filed on behalf of the victim’s estate. The purpose of this type of litigation is to reimburse the estate for any expenses that were incurred due to the decedent’s death, such as funeral and burial expenses. Medical bills may also be included in this type of wrongful death claim. Unlike beneficiary actions, survival actions also have the ability to compensate the victim’s estate for losses that the individual experienced, such as pain and suffering.

Why Should I Hire a Wrongful Death Attorney?

The attorneys at the Law Offices of Alex Poberesky, P.A., recognize what an emotionally difficult time this is for both you and your family. You have experienced a traumatic loss and thinking about a lawsuit is almost too much to bear. However, our wrongful death attorneys are committed to fighting for justice for both you and your loved one. We pledge to handle your case with care and compassion. Contact us by calling (410) 484-0400 and scheduling a free initial case review. We look forward to serving you in your time of need.

What Damages Are Available in a Maryland Wrongful Death Claim?

Maryland law allows wrongful death beneficiaries to seek both economic and non-economic damages. What’s recoverable, and in what amount, depends on the facts of the case and cannot be guaranteed in advance.

Loss of the deceased’s financial support and services
Loss of companionship, guidance, and care
Mental anguish and emotional pain and suffering
Funeral and burial expenses, where legally recoverable
Other losses permitted under Maryland’s wrongful death statute

What to Expect During a Maryland Wrongful Death Claim

Every wrongful death case is different, but most claims involve several important stages. Your attorney can help guide you through each step while investigating the circumstances of the death and pursuing compensation for your family’s losses.

Initial case review: Reviewing what happened, who may be responsible, and whether a wrongful death claim may be available.
Investigation: Gathering records, identifying witnesses, and collecting other evidence related to the death.
Identifying liable parties: Determining whether one or more individuals, businesses, insurers, or other parties may be legally responsible.
Evaluating damages: Documenting medical and funeral expenses, lost financial support, and other losses that may be recoverable.
Negotiating with insurers: Presenting the claim and negotiating with the insurance companies or other responsible parties.
Filing a lawsuit: If the parties cannot reach a fair settlement, your attorney may file a wrongful death lawsuit.
Litigation: The case may proceed through discovery, motions, settlement negotiations, and other litigation steps.
Resolution: The case may conclude through a settlement or, when necessary, a trial and court decision.

Evidence Used to Build a Maryland Wrongful Death Claim

Evidence can help establish what happened, who may be responsible, and the losses caused by the death. The specific evidence needed depends on the circumstances of the case, but may include:

Police or accident reports
Medical records and medical bills
Employment and income records
Witness statements and contact information
Photographs, videos, and other records from the scene
Insurance and financial documentation
Expert opinions or testimony, when appropriate

Gathering and preserving relevant evidence early can help your attorney investigate the circumstances of the death and build the strongest case possible.

Wrongful Death Claims by Location in Maryland

The Law Offices of Alex Poberesky, P.A. represents families in wrongful death matters throughout Maryland. For families near Essex, our wrongful death lawyer in Essex handles claims specific to that community, and our wrongful death attorney in Baltimore County serves families across the broader county. Wherever your loved one lived or passed away in Maryland, our firm can review the circumstances and explain your legal options.

Over 26 Years of Maryland Injury and Wrongful Death Experience

The Law Offices of Alex Poberesky, P.A. has represented injured Marylanders and grieving families for over 26 years, with a presence across multiple Maryland counties and cities. We offer free initial consultations and case evaluations, and we prepare every wrongful death claim as though it may go to trial.

Decades of experience with Maryland injury and wrongful death law
Direct communication with your family throughout the case
Experience negotiating with insurance companies on wrongful death claims
Trial-ready representation if a fair settlement can’t be reached
A client-centered approach focused on your family’s specific losses

Frequently Asked Questions About Maryland Wrongful Death Claims

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

Maryland law generally requires a wrongful death claim to be filed within three years of the date of death. Some circumstances can affect this deadline, so it’s best to speak with an attorney as soon as possible after the loss.

What is the difference between a wrongful death claim and a survival action in Maryland?

A wrongful death claim compensates surviving family members for their own losses, such as lost financial support and companionship. A survival action is filed on behalf of the deceased’s estate and can recover losses the victim experienced before death, such as medical bills, funeral costs, and pain and suffering. Maryland law allows both to be pursued together in appropriate cases.

Can I still pursue a claim if my loved one was partly responsible for what happened?

Maryland follows a strict contributory negligence rule, meaning if the deceased is found to share any fault for the incident, recovery can be barred entirely, subject to limited exceptions. Because this rule is unusually strict compared to most states, it’s worth having an attorney evaluate the facts of your case before assuming a claim isn’t viable.

Do I need a wrongful death lawyer in Maryland?

A wrongful death claim involves proving negligence, valuing losses that are hard to quantify, and dealing with insurance companies while your family is grieving, all within Maryland’s three-year filing deadline. An attorney can help protect your family’s rights during that process, though the decision to hire one is yours.

Discuss Your Maryland Wrongful Death Case With Our Firm

If your family has lost a loved one because of another person’s negligence or wrongful conduct in Maryland, contact the Law Offices of Alex Poberesky, P.A. at (410) 834-4292 for a free consultation. We’ll review what happened and walk you through the legal options available to your family under Maryland law.