WGK Personal Injury Lawyers | March 12, 2025 | Car Accidents
Losing a loved one in a car accident is an unimaginable tragedy. In Maryland, when someone dies in a car accident, the situation is emotionally overwhelming, but it’s also important to understand the legal process that follows. Families who are left behind may have the right to seek justice and compensation through a wrongful death claim. In this blog, we’ll explain what happens if someone dies in a car accident in Maryland, how the legal process works, and what steps surviving family members can take to protect their rights.
Legal Implications of a Fatal Car Accident in Maryland
When someone dies in a car accident, several legal issues arise, including determining fault, identifying liable parties, and seeking compensation for the surviving family members. Maryland law provides a structured way to handle these claims through wrongful death and survival actions.
1. Wrongful Death Laws in Maryland
Under Maryland law, the family of a person who dies due to the negligence of another party may file a wrongful death lawsuit. According to Maryland law, a wrongful death occurs when someone’s death is caused by the wrongful act, neglect, or default of another person, company, or entity. In the case of a fatal car accident, if another driver’s negligence—such as speeding, texting while driving, or driving under the influence of alcohol—caused the death, the surviving family members may be entitled to pursue a wrongful death claim.
2. Survival Actions in Maryland
In addition to a wrongful death claim, the deceased’s estate may file a survival action. This allows the estate to pursue damages the deceased would have been entitled to if they had survived the accident. These damages typically include medical expenses incurred before the death, funeral costs, and, in some cases, the pain and suffering the decedent experienced before passing away.
Compensation Available in Fatal Car Accident Claims
The families of those who die in car accidents in Maryland may be entitled to various types of compensation through both wrongful death and survival actions. The compensation can include:
- Economic Damages: Covers financial losses such as medical expenses, funeral costs, and lost income.
- Non-Economic Damages: Includes compensation for pain and suffering, emotional distress, and loss of companionship.
- Punitive Damages: Awarded in cases of extreme negligence or misconduct to punish the responsible party.
These damages aim to provide financial relief and justice for grieving families following a tragic loss.
Who Can File a Wrongful Death Lawsuit in Maryland?
In Maryland, only specific family members are eligible to file a wrongful death lawsuit. According to Maryland law, a wrongful death claim can generally be filed by:
- The surviving spouse of the decedent.
- The surviving children of the decedent.
- The decedent’s parents.
The amount of compensation awarded often depends on the relationship of the survivor to the deceased.
Statute of Limitations for Filing a Wrongful Death Claim in Maryland
Time is of the essence when filing a wrongful death or survival action in Maryland. Maryland has a statute of limitations of three years for wrongful death claims. This means that the lawsuit must be filed within three years from the date of the car accident. If the claim is not filed within this period, it may be barred, and the family may lose their right to compensation.
It’s important for surviving family members to seek legal help as soon as possible after a fatal accident to ensure that the claim is filed within the required time frame.
How a Personal Injury Lawyer Can Help
The aftermath of a fatal car accident is emotionally and legally complex. Consulting with an experienced personal injury lawyer in Baltimore, Maryland, is crucial to ensuring that the legal rights of the surviving family members are protected. A skilled attorney can help:
- Investigate the accident and determine who is at fault.
- File both wrongful death and survival actions.
- Gather evidence, such as accident reports, witness testimonies, and medical records.
- Negotiate with insurance companies and opposing attorneys.
- Represent the family in court, if necessary.
Having an attorney by your side ensures that all potential sources of compensation are explored and that you get the financial support you need during such a challenging time.
If someone dies in a car accident in Baltimore, Maryland, it is important for surviving family members to understand their legal rights. They may be entitled to compensation through wrongful death and survival actions under Maryland law. While pursuing a claim cannot replace the loss of a loved one, it can help alleviate the financial burdens caused by the tragedy and hold the responsible parties accountable.
Having an attorney by your side ensures that all potential sources of compensation are explored and that you get the financial support you need during such a challenging time.
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