How to Prove a Maryland Wrongful Death Claim

By Bruce Plaxen | December 21, 2023

How to Prove a Maryland Wrongful Death ClaimLosing a family member or loved one is one of the hardest experiences that a person can go through, especially when their death was because of another person’s negligent or intentional behavior. While you are likely grieving the loss of your family member or loved one, it is important for you to know that you may be eligible for compensation to help you cover the funeral, burial, and other expenses. However, in order to qualify for compensation, you must show demonstrate that your family member or loved one died as a result of another’s negligence and that you and your family experienced losses and hardships as a result of that loss

Wrongful death cases can be one of the most difficult and complicated legal cases to prove. The reason for this is because the individual who died as a result of the accident and injuries is no longer alive and able to give their statement or explain their side of the story. Therefore, the judge and jury must take into account the point of view of the defendant, witnesses, as well as the family member or loved one who filed the wrongful death claim. In order to be awarded compensation for the losses you have suffered from your family member or loved one’s death, you will need to successfully prove the negligence of the at-fault party caused the wrongful death.

If you are ready to pursue this type of claim, it is recommended that you get in touch with a Maryland wrongful death lawyer who has experience, skills, and knowledge in these types of cases. They will likely recommend gathering all possible evidence to support and prove your wrongful death claim, such as:

  • Photographs
  • Videos and surveillance footage
  • Police reports
  • Workplace accident reports
  • Medical records and doctor’s notes
  • Eyewitness testimonies
  • Expert witness statements
  • Documentation, bills, and receipts

Establishing elements of a wrongful death claim

When you file a wrongful death claim, you are typically stating that the deceased individual’s death was caused by another party’s negligent acts. This means that you are implying that your family member or loved one was involved in some type of accident due to another person’s negligence. If this is the case for you, you must establish these four important elements for your wrongful death claim to be successful similar to other cases involving negligence:

  1. Duty of care: When a person has a duty of care, they are expected to keep others safe and typically to act reasonably under the circumstances. For example, if your loved one was killed in a head-on car collision, the other driver had a duty to follow all traffic laws and remain in their lane to keep other drivers safe and harm-free while on the roadways.
  2. Breach of duty: When a person fails to uphold their duty of care, this is called a breach of duty. An example of this is when a driver is driving 60 mph in a 30-mph speed limit. They are acting carelessly and recklessly, meaning that they have breached their duty to keep other drivers safe and harm-free.
  3. Causation: Causation means that you have direct proof that the at-fault party’s negligent behavior directly caused your family member or loved one’s death. You can establish this by showing that they would still be alive if the defendant had not committed the specific act that caused their death.
  4. Damages: Lastly, you must be able to show that you or the deceased individual suffered injuries and other losses. This can be damages such as medical bills, funeral expenses, burial costs, pain and suffering, lost income, and more.

Who can file a wrongful death claim in Maryland?

According to Maryland Code §3–904, only certain individuals can file a wrongful death claim in Maryland, including:

  • The spouse of the deceased person
  • The parents of the deceased person
  • The children of the deceased person

The statute also explains that if the deceased person does not have a living spouse, parent, or child, any individual who is related to them, whether by marriage or blood, and was dependent on them can file a wrongful death claim.

What are some of the most common wrongful death accidents that can occur?

There are many different types of wrongful death accidents that can occur. However, a few of the most common include:

The wrongful death attorneys at Plaxen Adler Muncy, P.A. are well-versed in the laws surrounding wrongful death claims. Our team knows and understands how these types of claims work and are more than happy to use our tools and resources to guide you through the entire process. Even though filing a wrongful death claim will not be able to bring your loved one back or take away the pain that you are currently feeling, it can possibly bring you closure and help you and your family financially get back on track again. Call our office or submit our contact form to schedule your free case evaluation at one of our many Maryland offices today. We look forward to meeting you soon!

Posted in Wrongful Death