Miller and Zois

Wrongful Death in Maryland: Who Are the Beneficiaries?

          When a victim dies in Maryland in an auto accident or truck accident, or as the result of medical malpractice or a defective product, if there is neglience on the part of a person or company, the victim's family will have a wrongful death claim. Maryland wrongful death law allows a survivor of a victim killed by negligence or malpractice to sue for their loss.  The Maryland wrongful death statute provides a list of the individuals entitled to sue under the statute.   The primary beneficiaries to a wrongful death action are the spouse, parent, or child of a victim. 

           If there are no living primary beneficiaries to file suit, then a secondary beneficiary may file suit. Secondary wrongful death  beneficiaries may recover if there is no one in the above category of primary beneficiaries related by blood or marriage to the victim that was substantially dependent upon the victim. 
           Regrettably and unfairly, there is no wrongful death claim in Maryland for a stillborn nonviable fetus  Parents can, however, bring a wrongful death claim for a nonviable fetus born alive.
There is nothing in the Maryland wrongful death statute that provides for any recovery for non-dependent cousin, niece, nephew or other relatives.  Unfortunately, if there is no primary or secondary beneficiary, there is no wrongful death claim.  It is somewhat rare but our wrongful death lawyers do see some cases where there is not a wrongful death claim because there are no relatives that fall under the categories of potential claimants under the wrongful death statute.  
           If you live in the Baltimore Washington area and you have a family member that you believe was killed by the negligence of another driver on the road, by medical malpractice, or as the result of the use of a defective product, click here for a free no obligation consultation with our Maryland wrongful death lawyers by phone at (800-553-8082). 

 

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