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Last updated October 2026

Maryland Wrongful Death Claims

Posey Lebowitz represents Maryland families after a death caused by a crash, a dangerous property, or another person's negligence. Maryland splits these cases into two claims, a wrongful death claim for the family and a survival claim for the estate, and each has its own beneficiaries, damages rules, and deadline.

What is a wrongful death claim in Maryland?

In Maryland, a wrongful death action may be brought against a person whose wrongful act causes the death of another (Md. Code, Cts. & Jud. Proc. § 3-902(a)). A "wrongful act" is an act, neglect, or default that would have allowed the person who died to sue and recover damages had they lived (§ 3-901(e)).

That definition matters. A wrongful death claim is only as strong as the claim the person who died would have had, so the same liability rules apply: proof of negligence, causation, and, in Maryland, freedom from contributory negligence. Maryland courts have held that the decedent's own contributory negligence bars both the wrongful death and the survival claims (Wooldridge v. Price, 184 Md. App. 451 (2009)). We investigate a fatal crash or fall as thoroughly as any trial case, because the person who could best explain what happened cannot testify.

Who can bring a wrongful death claim in Maryland?

In Maryland, a wrongful death action is brought for the benefit of the spouse, parents, and children of the person who died (Md. Code, Cts. & Jud. Proc. § 3-904(a)). These are often called primary beneficiaries. Only if there is no spouse, parent, or child may the action be brought for secondary beneficiaries: relatives by blood or marriage who were substantially dependent on the person who died (§ 3-904(b)).

Only one wrongful death action may be brought for a death (§ 3-904(f)), so every eligible family member's claim belongs in the same case. The jury awards damages to each beneficiary according to that person's loss, and the total is divided as the verdict directs (§ 3-904(c)). The statute also contains narrow exclusions for parents in certain criminal and family-liability situations (§ 3-904(a)(2) and (3)), and it lists the proof needed for a child born to unmarried parents to claim as the father's child (§ 3-904(h)).

Being a relative is not the same as recovering. Our post on who can bring a Maryland wrongful death claim and our post on why being named in the lawsuit isn't enough to recover explain the practical traps.

What damages are available to the family?

Maryland wrongful death damages are not limited to lost financial support; for the death of a spouse, a minor child, or the parent of a minor child, the family may recover for mental anguish, emotional pain and suffering, and loss of society, companionship, comfort, protection, care, guidance, and education (Md. Code, Cts. & Jud. Proc. § 3-904(d)).

The same categories are available for the death of an unmarried adult child who was 21 or younger, or whose parent provided at least half of the child's support in the year before death (§ 3-904(d)(4)). For the death of any other adult child, or the parent of an adult child, the statute separately allows mental anguish, emotional pain, and loss of society and guidance where applicable (§ 3-904(e)). Economic losses, such as the household income and services the person would have provided, are recovered alongside these damages.

What is a survival action, and how is it different?

A survival action is the claim the person who died could have brought themselves; in Maryland, a cause of action at law survives the death of either party (Md. Code, Cts. & Jud. Proc. § 6-401(a)). The estate's personal representative brings it, and in a case against the wrongdoer whose conduct caused the death, the personal representative may also recover funeral expenses up to the amount allowed by law (Md. Code, Est. & Trusts § 7-401(y)).

The difference is whose loss is being paid. The wrongful death claim compensates the family for their own losses. The survival claim compensates the estate for what the person suffered and lost before death, and any recovery passes through the estate. Opening an estate and having a personal representative appointed is often one of the first things we help a family do, because the survival claim cannot be filed without one.

Does Maryland cap wrongful death damages?

Yes. In a Maryland wrongful death action with two or more beneficiaries, total noneconomic damages may not exceed 150% of the general cap, regardless of how many family members share the award (Md. Code, Cts. & Jud. Proc. § 11-108(b)(3)(ii)). For causes of action arising from October 1, 2026 to September 30, 2027, the general cap is $980,000, so the wrongful death limit is $1,470,000; for the prior year it was $965,000 and $1,447,500.

When a jury's award exceeds the limit, the statute sets the order of reduction. If the awards to primary beneficiaries alone meet or exceed the cap, each primary award is reduced proportionately and any award to a secondary beneficiary is reduced to zero. If they do not, primary beneficiaries receive their verdict amounts and the secondary awards are reduced proportionately to fit (§ 11-108(d)(2)(ii)). The jury is never told about the cap (§ 11-108(d)(1)).

The cap is often not the real ceiling. Insurance is. When the person responsible was a family member, the policy's household exclusion can limit coverage for the other relatives' claims: in 2026 the Supreme Court of Maryland applied a household exclusion to limit adult children's wrongful death recovery against their mother's policy to the $30,000 statutory minimum, because the couple had not bought the optional coverage that would have removed it (Murphy v. Gov't Emps. Ins. Co., No. 55, Sept. Term 2025 (Md. July 13, 2026)). Maryland insurers must offer that family-member coverage (Md. Code, Ins. § 19-504.1).

How long do you have to file a wrongful death claim in Maryland?

In Maryland, a wrongful death action generally must be filed within three years after the death (Md. Code, Cts. & Jud. Proc. § 3-904(g)(1)). The statute contains two exceptions. If an occupational disease from workplace exposure to a toxic substance caused the death, the action must be filed within 10 years of the death or within 3 years of discovering the cause of death, whichever is shorter (§ 3-904(g)(2)). If the death was a criminal homicide and the claim or the killer's identity was concealed by the wrongdoer or an accomplice, the three years run from when the family discovered or should have discovered the homicide and the person responsible (§ 3-904(g)(3)).

Two more rules can extend the time. A minor beneficiary's wrongful death claim is tolled during minority (Md. Code, Cts. & Jud. Proc. § 5-201), and a defendant's fraud that keeps the family from knowing about the claim delays accrual (§ 5-203); the Supreme Court of Maryland applied both in Parker v. Hamilton, 453 Md. 127 (2017). The survival claim follows its own timing rules, so do not assume the two deadlines match. Claims against a county or the State also carry one-year notice requirements; see our page on injury claims against Maryland governments.

How do defendants fight Maryland wrongful death claims?

  • Blaming the person who died. Because contributory negligence bars the family's claim, insurers search for any misstep by the decedent. We rebuild the event from physical evidence, video, and witnesses so the account is not left to the defendant.
  • Narrowing the beneficiaries. Defendants challenge who qualifies and try to separate the claims. We identify every eligible beneficiary at the start and bring them into one action.
  • Minimizing the relationship. Solatium damages depend on what the family actually lost. We prove the relationship through the people who saw it: friends, coworkers, teachers, clergy, and family photographs and messages.
  • Pointing to the cap and the policy limit. We find every policy that may apply, including umbrella policies, employer coverage, and uninsured/underinsured motorist coverage, which in Maryland extends to surviving relatives' claims (Md. Code, Ins. § 19-509(c)(3)).

What should a Maryland family gather?

  • The death certificate and any autopsy or medical examiner report
  • The police or incident report and the investigating agency's contact information
  • Letters of administration, or the will and the name of the proposed personal representative
  • Every auto, homeowner's, and umbrella policy in the household
  • Recent tax returns and pay records showing the person's income
  • Medical and funeral bills
  • Names of the spouse, children, and parents, with dates of birth for any minor children

Our guide chapters on what a DMV injury case is worth and deadlines and the timeline of a DMV injury case explain how damages and deadlines fit together.

Who handles Maryland wrongful death cases at our firm?

Founding partners Ryan Posey and Jacob Lebowitz are admitted in Maryland and handle wrongful death and survival actions in the Circuit Courts for Montgomery County in Rockville and Prince George's County in Upper Marlboro. Learn more about our Montgomery County and Prince George's County work, read our Maryland personal injury overview, or compare the D.C. and Virginia statutes on our main wrongful death page.

Frequently asked questions

Who can file a wrongful death lawsuit in Maryland?

A Maryland wrongful death action is brought for the benefit of the spouse, parents, and children of the person who died (Md. Code, Cts. & Jud. Proc. § 3-904(a)). If there is no spouse, parent, or child, it may be brought for relatives by blood or marriage who were substantially dependent on the person who died (§ 3-904(b)). Only one wrongful death action is allowed for each death, so all eligible family members belong in the same case.

How long do you have to file a wrongful death claim in Maryland?

Generally three years after the date of death (Md. Code, Cts. & Jud. Proc. § 3-904(g)(1)). The statute has special rules for deaths from occupational disease and for concealed homicides, a minor beneficiary's claim is tolled during minority under § 5-201, and fraud that hides the claim delays accrual under § 5-203 (Parker v. Hamilton, 453 Md. 127 (2017)). Claims against local governments or the State also require written notice within one year.

What is the cap on wrongful death damages in Maryland?

When there are two or more beneficiaries, total noneconomic damages in a Maryland wrongful death action may not exceed 150% of the general noneconomic cap (Md. Code, Cts. & Jud. Proc. § 11-108(b)(3)(ii)). For causes of action arising from October 1, 2026 to September 30, 2027, that is $1,470,000. Economic losses such as lost support are not subject to that cap.

What is the difference between a wrongful death claim and a survival action in Maryland?

A wrongful death claim compensates the family for their own losses from the death. A survival action is the claim the person who died could have brought, which survives death under Md. Code, Cts. & Jud. Proc. § 6-401 and is brought by the estate's personal representative, who may also recover funeral expenses up to the amount the law allows (Md. Code, Est. & Trusts § 7-401(y)). The two claims are usually filed together.

Can a family recover if the person who died was partly at fault?

Usually not. Maryland applies contributory negligence to wrongful death and survival claims, so the decedent's own negligence can bar both (Wooldridge v. Price, 184 Md. App. 451 (2009)). The last clear chance doctrine can still apply in narrow circumstances. A careful investigation of what actually happened is the family's best protection.

Can adult children recover for the death of a parent in Maryland?

Yes. Children of the person who died are beneficiaries regardless of age, and for the death of a parent of an adult child the statute allows damages for mental anguish, emotional pain, and loss of society, guidance, and similar losses where applicable (Md. Code, Cts. & Jud. Proc. § 3-904(e)). If the person responsible was the other parent, the household exclusion in the family's auto policy may limit the available coverage, as the Supreme Court of Maryland held in Murphy v. GEICO in 2026.

Talk to a Maryland wrongful death lawyer today

Maryland generally allows three years from the date of death to file, but a claim against a county or the State generally requires written notice within one year, and the evidence of what happened fades much sooner. We can help with the estate and the claim at the same time.

Posey Lebowitz PLLC · 3221 M Street NW, Washington, DC 20007

Call (202) 524-0123 or request a free consultation. No fee unless we win your injury case.

Our office is in Georgetown, at 3221 M Street NW in Washington, D.C. We meet clients by phone or video, at their home or in the hospital when that is easier, and we appear in Maryland and Virginia courts.

More than $32 million recovered.

Plus more than $22 million in other assets.

Across more than 250 matters, in the District of Columbia, Maryland, and Virginia.

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These case results are examples of matters handled by Posey Lebowitz PLLC. The outcome of any case depends on the specific facts and legal circumstances of that case. These results do not guarantee or predict a similar result in any future matter. Amounts shown are gross recoveries before attorney's fees, case expenses, and medical liens. Asset values are stated as of 2026 and will change.

Responsible attorneys: Ryan C. Posey and Jacob M. Lebowitz. Posey Lebowitz PLLC, 3221 M Street NW, Washington, DC 20007.