Maryland Rule 15-1001: Wrongful Death
- Applicability. This Rule applies to an action involving a claim for damages for wrongful death.
- Plaintiff. If the wrongful act occurred in this State, all persons who are or may be entitled by law to damages by reason of the wrongful death shall be named as plaintiffs whether or not they join in the action. The words "to the use of" shall precede the name of any person named as a plaintiff who does not join in the action.
- Notice to use plaintiff. The party bringing the action shall mail a copy of the complaint by certified mail to any use plaintiff at the use plaintiff's last known address. Proof of mailing shall be filed as provided in Rule 2-126.
- Complaint. In addition to complying with Rules 2-303 through 2-305, the complaint shall state the relationship of each plaintiff to the decedent whose death is alleged to have been caused by the wrongful act. If the witness is not testifying as an expert, the witness's testimony in the form of opinions or inferences is limited to those opinions or inferences which are (1) rationally based on the perception of the witness and (2) helpful to a clear understanding of the witness's testimony or the determination of a fact in issue.
Three Key Cases Involving Maryland Rule 15-1001
- Muti v. University of Maryland Medical Systems (long lost relative problem in a medical malpractice wrongful death case - clients did not mention until deposition that they had a son)
- Williams v. Work (the mess that gets created when you settle a wrongful death case without all of the beneficiaries to the claim)
- Benjamin v. Union Carbide Corporation (mesothelioma case on discovery rule in wrongful death cases)