The sudden death of a loved one due to someone else’s negligence leaves families devastated, confused, and struggling to understand their legal rights.
When you’re facing the unbearable pain of losing a family member who died as a result of someone’s wrongful actions, you need time to grieve without the added burden of complex legal battles.
As an experienced Maryland wrongful death lawyer, Frank Spector understands this profound loss and stands ready to handle every aspect of your wrongful death claim while you focus on healing and supporting your family.
With over 30 years of experience representing families throughout Maryland, Frank offers compassionate, results-driven representation during some of life’s most difficult moments. Our firm has secured meaningful compensation for victims of medical malpractice, including $2,100,000, awarded in Anne Arundel County for the wrongful death of a woman caused by a hospital medication error.
Call Frank Spector Law today at 443-845-1456 for a free consultation to discuss your Maryland wrongful death case.
Proving a Wrongful Death Claim
To successfully pursue compensation for the loss of your loved one, our Maryland wrongful death attorneys must establish four essential legal elements in your case:
- Duty of care: The defendant owed a legal obligation to act reasonably and avoid causing harm to the deceased. This duty exists in countless relationships, from doctors treating patients to drivers sharing the road with other motorists.
- Breach of duty: The defendant failed to meet the expected standard of care through their actions or inactions. This could involve a surgeon making a preventable error during an operation or a driver running a red light.
- Causation: There must be a direct link between the defendant’s breach of duty and your loved one’s death. We must prove that but for the defendant’s negligent actions, your family member would still be alive today.
- Damages: Your family has suffered actual losses as a result of the wrongful death, including economic and non-economic harm that can be quantified and compensated.
💡Hypothetical scenario: a fatal truck accident might meet all four elements when a commercial driver, distracted by a phone, runs a red light and strikes a car. The victim dies from their injuries. The driver owed a duty to follow traffic laws (duty), failed by using a phone while driving (breach), directly caused the fatal crash (causation), and left the victim’s family with funeral costs, lost income, and emotional suffering (damages).
Damages Available in a Wrongful Death Claim
Maryland law allows surviving family members to seek comprehensive compensation for their losses following the death of a loved one. Available damages include:
- Medical costs before death: Hospital bills, emergency treatment, and any medical care your loved one received before passing away
- Funeral and burial expenses: Costs associated with final arrangements, including burial or cremation services
- Lost wages and future support: The income your loved one would have earned throughout their lifetime to support the family
- Pain and suffering: Compensation for the emotional anguish and mental distress experienced by surviving family members
- Loss of consortium: The emotional loss of companionship, guidance, and support from your spouse or parent
- Loss of care and protection: The value of care, advice, and protection your loved one provided to the family
Maryland law places a cap on non-economic damages in wrongful death cases. For causes of action arising in 2025, the cap is $950,000 for a single beneficiary. This amount increases by $15,000 each year.
In cases involving two or more surviving family members, the cap rises to $1,425,000, offering greater potential compensation for families with multiple beneficiaries.
How Much Could Your Claim Be Worth?
Average wrongful death settlements in Maryland vary significantly, with cases ranging from $400,000 to $3,000,000+, depending on the circumstances:
| Type of Case | Payout Range | Common Factors |
|---|---|---|
| Medical malpractice resulting in death | $600K – $2.5M+ | Diagnostic delay, surgical error |
| Car accident | $500K – $3M+ | DUI, commercial driver |
| Hospital negligence | $700K – $2M+ | Medication error, monitoring failure |
| Nursing home neglect | $400K – $1.5M+ | Falls, bedsores, dehydration |
| Workplace accident | $750K – $2.5M+ | Equipment failure, OSHA violations |
| Defective product | $750K – $3M+ | Pharmaceutical or device malfunction |
⚖️ The value of your Maryland wrongful death case depends on factors including your loved one’s age, earning capacity, health, and the impact of their loss on surviving family members.
Past success is no guarantee of future success.
What is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed when someone dies due to the negligent or intentional actions of another person or entity. Maryland law defines wrongful death as a death caused by a “wrongful act,” which includes any act or omission that would have allowed the victim to file their own personal injury claim if they had survived.
The goal of a wrongful death lawsuit is not to assign criminal punishment but to recover financial compensation for the family’s losses. This legal action helps surviving family members cope with both the emotional trauma and economic hardship that often follows the unexpected death of a loved one.
Unlike criminal cases that focus on punishment, wrongful death claims center on providing financial relief to help families rebuild their lives.
Who Can File a Wrongful Death Claim?
Under Maryland law, the surviving spouse, parents, and children of the deceased person are eligible to file a wrongful death lawsuit. These primary beneficiaries have the first right to pursue legal action and receive compensation for their losses.
If no spouse, parents, or children survive the decedent, Maryland allows other family members to pursue the claim. When no primary beneficiaries exist, any person related to the deceased by blood or marriage who was substantially dependent upon the deceased may file the wrongful death claim.
⚖️ Our lawyers stay up to date with Maryland’s wrongful death statute, so you don’t have to sift through legal codes yourself. We’ll explain your rights and handle the legal process while you focus on your family.
Let our wrongful death attorney guide your family through this difficult time with experience and care. Fill out the contact form to get started.
Wrongful Death vs. Survival Action
A wrongful death claim compensates family members for their personal losses, such as the loss of financial support and companionship. A survival action, on the other hand, seeks compensation for the pain and suffering the deceased experienced before death.
In Maryland, both claims can be filed together, allowing families to pursue comprehensive compensation for all damages related to their loved one’s passing.
Types of Wrongful Death Cases Our Maryland Wrongful Death Lawyer Handles
Our law firm has extensive experience representing families in various types of fatal accidents and cases involving negligence throughout Maryland:
- Fatal car, truck, or motorcycle accidents: Traffic collisions caused by drunk driving, speeding, distracted driving, or other forms of negligence that result in accidental death
- Medical malpractice and hospital errors: Surgical mistakes, misdiagnosis, medication errors, and failure to diagnose conditions that lead to preventable deaths
- Nursing home abuse or neglect: Cases where elderly residents die due to inadequate care, medication errors, or physical abuse in long-term care facilities
- Defective product or medication injuries: Deaths caused by dangerous products, faulty medical devices, or pharmaceutical drugs with undisclosed side effects
- Workplace or construction site fatalities: Industrial accidents, falls, equipment malfunctions, and other workplace hazards that result in death
📌 If you’re unsure whether your situation qualifies as a wrongful death case, our attorneys can evaluate your circumstances and help you understand your legal options during a free consultation.
How to Get in Touch with Our Wrongful Death Attorney in Maryland
When you’re ready to discuss your potential wrongful death claim, Frank Spector Law offers multiple convenient ways to connect:
- Telephone: Call 443-845-1456 to speak directly with Frank for immediate assistance
- Online contact: Visit our contact us form to schedule your consultation
- Email consultation: Send us details about your case at frank@frankspectorlaw.com
We offer a free consultation to discuss your wrongful death case and explain how we can help your family seek justice.
Misconceptions About Wrongful Death Lawsuits
Many families hesitate to pursue legal action due to common misunderstandings about wrongful death claims:
- “You can only sue if criminal charges are filed”: False – civil and criminal cases are separate, and you can file a wrongful death lawsuit regardless of whether criminal charges are pursued
- “You must go to trial”: Most wrongful death cases settle out of court through negotiation, avoiding the stress and uncertainty of a trial
- “You can’t sue if the person was elderly”: Age alone does not prevent families from seeking compensation, though it may affect the calculation of certain damages
- “Only immediate family members can file”: While spouses, children, and parents have priority, other dependent relatives may also have legal standing under Maryland law
Misinformation about wrongful death laws may prevent families from seeking the compensation they deserve during an already challenging time. If you are unsure, we can help clarify where you stand.
How Our Maryland Wrongful Death Attorney Can Help
Grieving families need experienced legal guidance to protect their rights and pursue the full compensation they’re entitled to. We can help by handling every aspect of the legal process—from gathering evidence and identifying all liable parties to negotiating settlements or going to trial—so you can focus on healing and supporting your family.
Deadlines and Filing Requirements
Maryland has a three-year statute of limitations for filing wrongful death lawsuits, calculated from the date of the person’s death. Missing this deadline can permanently bar your family from seeking compensation, making prompt legal action essential.
⚠️ In limited cases involving an occupational disease, the law may allow up to ten years from the date of death or three years from the date the cause was discovered—whichever is sooner.
Our team ensures all paperwork is filed correctly and on time, protecting your right to pursue justice. We handle the complex procedural requirements while you focus on supporting your family through this difficult period.
Gathering Evidence
We take the burden of evidence collection off your shoulders, systematically gathering medical records, autopsy results, financial documents, and witness statements. Our investigators work quickly to preserve vital evidence before it can be lost or destroyed, building the strongest possible case for your family.
Early evidence collection is particularly important in cases involving medical malpractice or car accidents, where critical documentation may be difficult to obtain months after the incident.
Identifying Liable Parties
Wrongful death cases often involve multiple responsible parties, including doctors, hospitals, employers, drivers, or manufacturers. Our legal team conducts thorough investigations to identify all potentially liable parties and ensure no source of compensation is overlooked.
💡 Hypothetical scenario: A fatal car accident may involve more than just the other driver. If a defective brake system contributed to the crash, the vehicle manufacturer could be held liable. Similarly, if hazardous road conditions were a factor, the municipality responsible for road maintenance might also share fault.
What Can I Expect to Pay?
Frank Spector Law works on a contingency fee basis, meaning you pay nothing upfront for our legal services. Our legal fees come from a portion of your settlement or jury award only if we successfully recover compensation for your family.
If we don’t win your case, you owe us nothing for our legal representation.
This arrangement allows families to pursue justice regardless of their current financial situation, ensuring that everyone has access to experienced legal representation during their time of need.
Why Choose Us Over Other Maryland Wrongful Death Lawyers?
Frank Spector Law brings three decades of experience helping Maryland families seek compensation after losing a loved one due to someone else’s negligence. Our firm’s track record includes numerous multi-million dollar settlements and verdicts, demonstrating our ability to handle complex cases effectively.
Frank’s deep understanding of Maryland wrongful death statutes and local court procedures gives families a significant advantage during negotiations and trial proceedings. Our firm’s commitment to personalized attention means you’ll work directly with Frank throughout your case, ensuring clear communication and dedicated advocacy for your family’s interests.
As a Maryland-based practice, we understand the unique legal landscape and local factors that can influence case outcomes. Our strong relationships with medical experts, accident reconstruction specialists, and other professionals provide key support for building compelling wrongful death cases.
The University of Maryland Medical Center and Johns Hopkins University School of Medicine are leading medical institutions in our state. Our experience handling malpractice cases involving these and other Maryland hospitals gives us valuable insight into complex medical wrongful death claims.
The Legal Process for a Wrongful Death Lawsuit
Understanding what to expect can help reduce anxiety during an already stressful time:
- Free consultation and case evaluation: We review the circumstances of your loved one’s death and assess the strength of your potential claim
- Investigation and evidence gathering: Our team collects medical records, witness statements, expert reports, and other important documentation
- Filing the claim: We prepare and file all necessary legal documents within Maryland’s statute of limitations
- Negotiating a settlement: We engage with insurance companies and defendants to pursue fair compensation without the need for trial
- Going to trial if needed: If settlement negotiations fail, we’re prepared to present your case before a jury to seek maximum compensation
- Resolution and distribution: Once compensation is secured, we ensure it’s distributed appropriately among surviving family members
We’ll guide your family through every stage of this process and keep you informed about all developments in your case, ensuring you never feel left in the dark about important decisions.
Speak to a Wrongful Death Lawyer in Maryland Right Now!
Don’t let time run out on your family’s right to seek justice and compensation for your loss. Frank Spector Law offers compassionate, strategic legal help for grieving families throughout Maryland, combining decades of experience with genuine care for our clients’ well-being.
⚠️ Evidence can disappear and legal deadlines approach quickly – don’t wait to protect your family’s rights and secure the compensation you need to move forward.
Call 443-845-1456 now to speak with Frank personally, or visit our contact page to schedule your free consultation today.
FAQs
Do wrongful death settlements go through probate?
Wrongful death settlements in Maryland typically do not go through probate court because they represent compensation for the family's losses rather than assets of the deceased person's estate. However, any survival action damages (compensation for the deceased person's pain and suffering before death) may need to be distributed through the estate, requiring probate proceedings in some cases.
Can I file a claim if criminal charges weren't filed?
Absolutely - wrongful death claims are civil matters that operate independently from criminal proceedings. The burden of proof in civil court is lower than in criminal court, meaning you can succeed in a wrongful death lawsuit even when prosecutors choose not to file criminal charges. Many successful wrongful death cases involve situations where no criminal charges were ever filed.
What if my loved one was partially at fault for the accident?
Maryland follows a harsh contributory negligence rule, meaning that if your loved one contributed to their own death in any way, it could potentially bar recovery entirely. However, our experienced attorneys know how to investigate these cases thoroughly and present evidence that minimizes or eliminates any suggestion of fault on the part of the deceased person.
