Who is Entitled to Bring a Maryland Wrongful Death Claim?
Children, Spouses and Parents Are Entitled to Bring a Wrongful Death Claim in Maryland
The children, spouse, and parents of the victim are considered the primary beneficiaries of a wrongful death claim, and the law is intended for their benefit.These individuals may be entitled to recover damages based on the loss of the decedent, with the amount ultimately determined through settlement or jury verdict. As Attorney Eric T. Kirk will tell you, these claims are structured around both legal entitlement and the factual relationship to the decedent.
Secondary Beneficiaries of a Maryland Wrongful Death Claim
If there are no primary beneficiaries, Maryland law provides that any person related to the deceased by blood or marriage who was substantially dependent upon the deceased may qualify.Dependency is not assumed. It is determined based on the specific facts and circumstances of each case, including financial support, living arrangements, and the nature of the relationship.
Source: Md. Courts and Judicial Proceedings § 3-904
Qualified Individuals May Be Excluded From a Wrongful Death Claim
The ability to pursue a claim is referred to as “standing.” Certain individuals who might otherwise qualify may be excluded by law. For example, individuals convicted of certain offenses, including abuse-related offenses, may be barred from recovery.
How Do Legal Standards Affect Wrongful Death Claims?
Wrongful death claims are evaluated based on liability, causation, and damages.Maryland Pattern Jury Instructions (Civil) outline how these issues are presented to a jury. While these instructions are used at trial, the same concepts often influence how claims are evaluated before litigation.
| Legal Issue | MPJI-Cv Reference | Why It Matters in Wrongful Death Cases |
|---|---|---|
| Negligence | MPJI-Cv 19:1 | Establishes whether the defendant’s conduct caused the death |
| Burden of Proof | MPJI-Cv 1:3 | The claim must be proven with sufficient evidence |
| Causation | MPJI-Cv 19:10 | Links the wrongful act to the fatal injury |
| Damages | MPJI-Cv 10:1 | Defines recoverable losses for beneficiaries |
| Contributory Negligence | MPJI-Cv 19:14 | May affect recovery depending on the facts |
What Is the Practical Takeaway?
Wrongful death claims are defined not only by the loss, but by who is legally entitled to recover and how that claim is evaluated.Identifying the correct beneficiaries, establishing dependency where required, and supporting the claim with evidence are all essential components of the process.
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For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
