Towson Wrongful Death Lawyer

Losing a loved one due to another person’s negligent, recklessness, or intentional act is devastating. While no legal action can undo the tragedy, pursuing a wrongful death lawsuit may help your family achieve justice and obtain financial support for your loss. A successful claim can hold the at-fault party accountable and provide compensation to ease the financial burden.

At Garner Legal, a Towson wrongful death lawyer is here to support you with compassion, legal insight, and tireless advocacy.

Who Can File a Wrongful Death Lawsuit in Towson, Maryland?

Under Maryland law, a wrongful death claim may be filed when a person dies due to the wrongful act, neglect, or default of another. Maryland recognizes two related legal actions:

• Wrongful Death Claim: Filed on behalf of eligible surviving family members.
• Survival Action: Filed by the personal representative of the deceased’s estate for damages the deceased could have claimed had they survived.

Eligible wrongful death beneficiaries include:

• Spouse
• Parents
• Children

If none of these individuals survive, secondary beneficiaries (such as siblings, cousins, or other relatives) may file, but only if they were financially dependent on the deceased.

A wrongful death action is separate from a survival action, though they are often filed together. There is only one wrongful death claim allowed per case, even if multiple beneficiaries exist.

What Do You Need to Prove in a Maryland Wrongful Death Case?

To succeed in a wrongful death lawsuit, your attorney must show that:

• The defendant owed a duty of care to the deceased.
• That duty was breached through negligence, recklessness, or intentional conduct.
• The breach directly caused the victim’s death.
• The surviving family members suffered measurable losses as a result.

As in any civil case, the burden of proof is by a preponderance of the evidence, meaning it is more likely than not that the defendant’s actions caused the death.

What Compensation Is Available in a Maryland Wrongful Death Claim?

Wrongful death compensation is intended to reflect the loss suffered by surviving family members due to their loved one’s untimely death. Maryland allows both economic and non-economic damages in wrongful death and survival actions.

Compensation may include:

• Lost financial support and future earnings
• Loss of companionship, care, and guidance
• Emotional pain and mental anguish
• Medical and funeral expenses (via the estate’s survival action)
• Pain and suffering experienced by the decedent prior to death

In a survival action, the estate may also recover for the deceased’s suffering, lost wages, and medical costs incurred between the injury and death.

Are There Damage Caps in Maryland Wrongful Death Cases?

Yes. While economic damages (such as lost income) are not capped, Maryland places limits on non-economic damages (e.g., emotional suffering, loss of companionship).

As of 2024 (adjusted annually):

• Wrongful Death Only: Non-economic damages are capped at $950,000.
• Combined with Survival Action: The total cap for both actions is $1.45 million.

These caps increase by $15,000 each year, in accordance with Maryland law.

What Makes Wrongful Death Cases Challenging?

Wrongful death claims are often complex for several reasons:

• The deceased cannot tell their story, so the case relies heavily on documentation, witness testimony, and expert analysis.
• Insurance companies often challenge the value of the claim, especially non-economic losses like grief and companionship.
• Survivors must quantify emotional and relational losses, which can be deeply personal and subjective.
• Depositions and legal procedures can be emotionally difficult for grieving families.

Working with an experienced attorney ensures that your claim is built on solid legal grounds, with the emotional and practical support needed to navigate the process.

How Long Do You Have to File a Wrongful Death Lawsuit in Maryland?

Maryland’s statute of limitations for wrongful death cases is generally three years from the date of death. However, there are limited exceptions:

• In cases involving medical malpractice, the timeline may be extended under the discovery rule, but this is narrowly applied.
• The statute of limitations still applies even if the deceased was a minor.

Because missing this deadline can permanently bar your claim, it’s essential to consult with a lawyer as soon as possible.

Why You Should Hire a Towson Wrongful Death Lawyer

After the unexpected loss of a loved one, dealing with insurance companies and legal filings can feel overwhelming. Unfortunately, insurers often aim to minimize payouts and may exploit a family’s vulnerability. When you work with a dedicated wrongful death lawyer:

• They handle communication with the opposing party.
• They collect and preserve evidence.
• They calculate damages and negotiate effectively.
• They prepare to take your case to trial, if needed.

Most importantly, your lawyer acts as your advocate and protector, allowing you to focus on healing while they fight for justice.

Contact a Towson Wrongful Death Lawyer at Garner Legal

If your loved one died due to negligence or misconduct, don’t face the legal process alone. A Towson wrongful death lawyer at Garner Legal is here to guide you with compassion and strength. Call us today at 443-899-1758 or fill out our online contact form to schedule a free consultation. Located in Baltimore, we proudly serve the surrounding areas.