Articles, Analysis,
and Commentary

Who is Entitled to Bring a Maryland Wrongful Death Claim?

Children, Spouses and Children are Entitled to Bring a Wrongful Death Claim in Maryland. 

The children, the spouse and the parents of the victim are considered the primary beneficiaries of a Wrongful Death claim, and the law is intended for their benefit. They are entitled to a share of the compensation case in an amount as fixed by the jury verdict. 

 

Secondary Beneficiaries of A Maryland Wrongful Death Claim. 

If there are no primary beneficiaries, Maryland law provides that “any person related to the deceased person by blood or marriage who was substantially dependent upon the deceased.” 

     Source: Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 3-904 

Who is financially dependent on another is a determination made on the particular facts and circumstances of each case.  

Qualified Individuals May Be Excluded From A Wrongful Death Claim. 

The ability, or legal right, to pursue a claim is called “standing”. Certain individuals, who otherwise qualify and have standing to pursue a claim are barred by law from any benefit. Sexual offenders, and those who have been convicted or child abuse or incest are precluded.  

 

Eric T Kirk
Attorney

After graduating with honors from Albany Law School in New York, Eric Kirk has spent most of his 25 year legal career battling insurance companies to secure fair and just compensation for his clients in Maryland, New York, and Florida.

410-657-5962