If you have lost a loved one due to someone else’s negligence in Maryland, understanding your legal rights is a critical first step toward justice. This guide covers Maryland’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. Maryland imposes strict caps on non-economic damages in wrongful death cases, making the strategic maximization of economic damages a critical priority for families pursuing a claim.
Maryland Wrongful Death Laws
The Maryland Wrongful Death Statute
Maryland’s wrongful death law is governed by Maryland Code, Courts and Judicial Proceedings § 3-904. The statute allows the Personal Representative to file on behalf of the primary beneficiaries.
Who Can File
The Personal Representative files on behalf of the primary beneficiaries, which include the surviving spouse, parents, and children.
Statute of Limitations
Maryland imposes a 3-year statute of limitations, measured from the date of death.
Recoverable Damages
Maryland allows recovery for mental anguish, emotional pain, loss of companionship, and pecuniary loss. Maryland imposes a strict cap on non-economic damages, adjusted annually on October 1: $950,000 for a single beneficiary and $1,425,000 when there are two or more beneficiaries (150% of base cap) for general wrongful death claims in 2025. Medical malpractice wrongful death carries a lower cap: $905,000 single / $1,131,250 multiple beneficiaries (2025). Economic damages – such as lost future income – remain uncapped, making their maximization the primary legal strategy.
Survival Action
Maryland maintains a separate survival action alongside the wrongful death claim.
Top 3 Wrongful Death Attorneys in Maryland
1. Miller & Zois, LLC
Location: Baltimore, MD (Serving statewide)
Phone: (800) 553-8082
Website: https://millerandzois.com
Miller & Zois is top-tier when it comes to maximizing wrongful death payouts in Maryland. Because of the strict statutory caps on non-economic damages, they meticulously utilize vocational experts, life care planners, and economists to prove massive uncapped economic and pecuniary losses – lost future wages, replacement services – to drive up the overall value of the settlement or verdict beyond the non-economic cap.
2. Brown & Barron, LLC
Location: Baltimore, MD
Phone: (410) 348-0208
Website: https://brownbarron.com
This firm is exceptionally well-regarded for nursing home abuse and medical malpractice wrongful deaths. They know exactly how to trigger Maryland’s separate survival action – for the patient’s pain, suffering, and medical bills before death – alongside the family’s capped wrongful death claim to ensure maximum total accountability from negligent providers.
3. D’Amore Personal Injury Law
Location: Baltimore, MD
Phone: (410) 324-3430
Website: https://damoreinjurylaw.com
Key Attorney: Paul D’Amore
Paul D’Amore is a highly accomplished trial lawyer who frequently battles major hospital systems and commercial insurance companies. The firm excels at building emotionally compelling cases for the primary beneficiaries while strategically working around Maryland’s non-economic damage caps through maximization of economic damages.
Frequently Asked Questions
What are Maryland’s non-economic damage caps?
Maryland caps non-economic damages – pain and suffering, mental anguish, loss of companionship – in wrongful death cases. For general wrongful death claims (non-medical malpractice) in 2025: $950,000 for a single beneficiary and $1,425,000 when there are two or more beneficiaries. For medical malpractice wrongful death: $905,000 single / $1,131,250 multiple beneficiaries. Both caps increase annually (general WD cap adjusts October 1 by $15,000; med mal cap adjusts January 1). Economic damages such as lost future income and lost household services are not subject to any cap and can be pursued without limitation.
How does the number of beneficiaries affect the cap?
Maryland’s cap structure specifically accounts for the number of beneficiaries. If only one family member is entitled to recover – such as a spouse with no children – the lower single-beneficiary cap applies. If there are multiple beneficiaries – a spouse and children, for example – the higher multi-beneficiary cap applies. This distinction can significantly affect the total recovery available to the family.
What is the statute of limitations in Maryland?
Maryland provides 3 years from the date of death to file. This is longer than many states, but families should still act promptly – evidence deteriorates, witnesses become harder to locate, and probate appointment takes time.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney as soon as possible. Preserve all evidence and do not speak with insurance companies before consulting an attorney.
Closing
Maryland’s cap structure makes strategic legal representation essential to maximizing total recovery. The firms listed above have the expertise to build the strongest possible economic damages case while navigating the non-economic cap framework. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today.
For immediate grief support, contact the National Alliance for Grieving Children at (866) 432-1542.