Maryland law allows spouses, parents, and children to file wrongful death claims for compensation including loss of companionship and financial support.

Compassionate Advocacy for Families Who Have Lost a Loved One

When someone dies due to another party’s negligence, recklessness, or intentional act in Prince George’s County, surviving family members have the right to seek compensation through a wrongful death claim. Maryland law provides specific categories of beneficiaries who can pursue these claims and outlines the damages available. A wrongful death represents not just a personal loss but often a devastating financial blow to families who depended on the deceased. A Prince George’s County wrongful death attorney at McGowan & Cecil can guide your family through this difficult legal process.

Why Choose McGowan & Cecil

McGowan & Cecil has represented families throughout Prince George’s County, Anne Arundel County, Howard County, Montgomery County, and Baltimore County for decades. Our attorneys have recovered millions of dollars in wrongful death cases and have actually tried multiple cases to verdict.

When you hire our law firm to assist with your family’s case, you can expect:

  • We invest the resources necessary to build strong cases, including hiring accident reconstructionists, medical experts, economists, and life care planners. 
  • Seasoned trial lawyers and skilled negotiators. For over three decades of experience fighting for the rights of injured victims and their families. Our attorneys have over 120 years of combined personal injury experience. 
  • Aggressive stances against insurance companies and defense teams. We understand tactics they use and we do not back down.
  • Spanish speaking team members – Se Habla Español.
  • Personal attention from top-rated personal injury lawyers, including attorneys who are recognized by Super Lawyers and The National Trial Lawyers.
  • Contingency fee services. There is no fee without recovery for your case. 

With over 250 five-star reviews, our clients consistently commend our professionalism, dedication, and results.

Who Can File a Wrongful Death Claim in Maryland

Maryland law defines specific primary beneficiaries who have the right to file wrongful death claims. These include the deceased’s surviving spouse, parents, and children. If any primary beneficiaries exist, they have exclusive rights to pursue the claim.

When no primary beneficiaries survive, secondary beneficiaries may file claims. These are individuals related by blood or marriage who were substantially dependent on the deceased for financial support. The law requires that all potential beneficiaries be named in the lawsuit to ensure fair distribution of any recovery.

Types of Wrongful Death Cases

Wrongful death claims arise from many types of fatal incidents in Prince George’s County. Car and truck accidents remain among the most common causes, particularly on busy corridors like the Capital Beltway and Route 301. Medical malpractice, including misdiagnosis and surgical errors, also results in preventable deaths.

Workplace accidents, defective products, premises liability incidents, and criminal acts can all give rise to wrongful death claims. The common element is that another party’s wrongful conduct caused the death and that the deceased would have been entitled to pursue a personal injury claim had they survived.

Damages Available in Wrongful Death Claims

Maryland wrongful death claims allow recovery for both economic and non-economic damages. Economic damages include the financial contributions the deceased would have made to the family, including lost income, benefits, and household services across the deceased’s expected working life.

Non-economic damages compensate for loss of companionship, comfort, guidance, advice, and consortium. For spouses, this includes loss of marital care. For children, it includes loss of parental guidance and training. Maryland caps non-economic damages at $965,000 as of October 2025 for single beneficiaries, with higher caps for multiple beneficiaries.

Wrongful Death vs. Survival Actions

Maryland law distinguishes between wrongful death claims and survival actions, and families may pursue both. Wrongful death claims compensate the surviving family for their losses. Survival actions compensate the deceased’s estate for damages the deceased suffered before death.

Survival action damages can include the deceased’s pain and suffering before death, medical expenses incurred, and lost wages from the date of injury to the date of death. These claims are brought by the personal representative of the estate on behalf of the beneficiaries.

Statute of Limitations for Maryland Claims

Wrongful death claims in Maryland must be filed within three years of the date of death. Missing this deadline typically bars the claim entirely, regardless of its merit. Certain exceptions may extend the deadline, including cases where the cause of death was not immediately apparent.

Early action is important not just for meeting deadlines but for preserving evidence. Witnesses’ memories fade, documents may be destroyed, and physical evidence can disappear. Contacting an attorney promptly protects your family’s rights.

Get the Justice Your Family Deserves

Losing a loved one to another’s negligence is devastating. Your family deserves experienced attorneys who will fight for full compensation while treating you with compassion during this difficult time. Contact McGowan & Cecil today for a free consultation. Se habla español. We serve clients throughout Prince George’s County and the greater Maryland area.

Frequently Asked Questions

Can I file a wrongful death claim if there was a criminal prosecution?

Yes. Criminal prosecutions and civil wrongful death claims are separate proceedings with different standards of proof. You can pursue a wrongful death claim regardless of whether criminal charges are filed or their outcome.

What if the deceased shared some fault for the accident?

Maryland’s contributory negligence rule can bar recovery if the deceased contributed to the accident. However, exceptions may apply, and an attorney can evaluate whether your family’s claim can proceed.

How is the settlement divided among family members?

Maryland law requires that all potential beneficiaries be named in the lawsuit. The court or jury determines how damages are distributed among beneficiaries based on their individual losses and relationship to the deceased.