WGK Personal Injury Lawyers | July 18, 2025 | Car Accidents
Losing a parent in a car accident is heartbreaking. When someone else’s carelessness causes the crash, it can make the pain even worse. You may feel confused, angry, and unsure about what to do next.
Many people in this situation wonder: Can I sue the person who caused the accident? In Maryland, the answer is usually yes, but there are important laws and rules you need to understand first.
This article explains your legal rights in Maryland if your parents were killed in a car crash. We’ll break things down in simple terms and guide you through the steps you may need to take to hold the person responsible accountable.
Understanding Wrongful Death in Maryland
When someone dies because of another person’s negligence or reckless behavior, it’s called a wrongful death. In Maryland, the law allows certain family members to file a wrongful death lawsuit to seek justice and financial compensation.
A wrongful death claim is a civil lawsuit. It’s different from a criminal case. The police or state may file criminal charges against the at-fault driver, but a wrongful death case is something the family files on their own. It gives loved ones a chance to recover money for their loss and hold the responsible party accountable in court.
Wrongful death lawsuits can be filed after car accidents, truck accidents, drunk driving crashes, and other situations where someone’s actions led to another person’s death.
Who Can File a Wrongful Death Lawsuit in Maryland?
Not just anyone can file a wrongful death claim. Maryland law gives that right to certain close family members, known as primary beneficiaries.
This includes:
- Spouses
- Children (including adult children)
- Parents of the deceased
If you are the child of someone who died in a crash, you likely have the legal right to file this kind of claim. If no primary beneficiaries exist or choose not to file, then secondary beneficiaries like siblings or cousins may be able to file, but only under special circumstances.
It’s important to act quickly, because Maryland has a time limit (called the statute of limitations) for filing these lawsuits. In most cases, you must file within three years from the date of your parent’s death.
What Do You Need to Prove?
To win a wrongful death lawsuit, you have to show that the other person (usually the driver) acted in a way that was careless or dangerous, and that their actions caused your parent’s death.
Here are some common examples of negligence in fatal car accidents:
- Drunk or impaired driving
- Speeding or reckless driving
- Running a red light or stop sign
- Texting or distracted driving
- Driving while extremely tired
You don’t need to prove that the driver meant to cause harm—only that they acted irresponsibly and that their actions led to the crash.
An experienced personal injury lawyer can help gather evidence, such as the police report, witness statements, crash scene photos, and expert opinions. These pieces of evidence can support your case and show how the driver was at fault.
What Kind of Compensation Can You Get?
A wrongful death lawsuit is about more than just money; it’s also about accountability. But financial compensation can help ease the burden that comes with losing a parent.
In Maryland, you can seek compensation for:
- Funeral and burial expenses
- Medical bills related to the accident
- Loss of companionship and emotional support
- Loss of financial support if your parent helped support you
- Mental pain and suffering
The exact amount you may receive depends on many factors, including your relationship with the deceased, your financial situation, and the details of the accident. Maryland does have limits (caps) on how much you can receive for non-economic damages like pain and suffering, but these caps change slightly each year. A lawyer can help you understand what kinds of compensation you can expect.
Reach Out to Us for a Free Consultation
If you’ve lost one or both parents in a tragic car crash, you deserve answers and justice. In Maryland, the law gives you the right to take legal action against the person or company responsible for your loss. A wrongful death lawsuit can’t bring your loved one back, but it can hold the right people accountable and help secure your future.
It’s important not to wait too long. Evidence can fade, and time limits apply. Contact WGK Personal Injury Lawyers for a free, no-obligation consultation.
Contact the Baltimore Car Accident Law Firm of WGK Personal Injury Lawyers Today For Help
For more information contact the Baltimore car accident law firm of WGK Personal Injury Lawyers to schedule a free initial consultation.
WGK Personal Injury Lawyers
14 W Madison St, Baltimore, MD 21201, United States
(410) 837-2144
WGK Personal Injury Lawyers – Dundalk Office
7329 Holabird Ave Suite 3, Dundalk, MD 21222
By appointment only
(410) 970-3080
