Lost someone because of somebody else’s carelessness? Maryland gives the family a claim and the estate a separate one, with different deadlines and different damages — and only one wrongful death action is ever allowed for a person’s death.
We handle both cases together and we do not charge you to talk about it. You pay nothing unless we win.
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Maryland recorded 480 traffic deaths in 2025, down from 582 in 2024 — the first year below 500 since 2014. The 2025 figure is preliminary and will be revised. Source: Office of the Governor of Maryland, 3 February 2026
Maryland follows contributory negligence — one of only a few states that still do. If the person who died is found even slightly at fault for what happened, it can bar the family's recovery entirely. That is why proving the other party's fault cleanly, and early, matters so much. In 2025, Maryland reported 480 traffic fatalities statewide, down 18% from 582 in 2024 — the first time since 2014 that crash deaths fell below 500 (Office of the Governor of Maryland / Maryland Department of Transportation).
We investigate every angle — police reports, witnesses, and the circumstances of the incident — to establish that the negligence sits with the responsible party.
Maryland runs two separate claims after a death, with different owners, different damages and different deadlines. Most families are only ever told about one of them.
A wrongful death action is brought for the benefit of the spouse, parent and child of the person who died.Cts. & Jud. Proc. § 3-904(a)(1)
If no spouse, parent or child survives, the claim may be brought for a relative by blood or marriage who was substantially dependent on the person who died. That is a fallback, not an additional class — it applies only where nobody in the first group exists.§ 3-904(b)
Only one wrongful death action may be brought for a person’s death, so every family member with a possible claim has to be accounted for before anything is filed.§ 3-904(f)
Maryland is explicit that a family’s loss is not measured in money alone. The statute says damages “are not limited or restricted by the ‘pecuniary loss’ or ‘pecuniary benefit’ rule” and may include mental anguish, emotional pain and suffering, and the loss of society, companionship, comfort, protection, care, attention, advice, counsel, training, education and guidance.§ 3-904(d), (e)
Which list applies depends on the relationship. The fuller list — adding marital care, parental care and filial care — covers the death of a spouse, a minor child, or a parent of a minor child, and an unmarried child who is 21 or younger or whom a parent supported by half or more in the year before death.§ 3-904(d)
A survival action is a different case. It is the claim the person who died could have brought had they lived — including their own conscious pain and suffering before death — and it belongs to the estate rather than the family.
The claim survives the death under Cts. & Jud. Proc. § 6-401(a), and the personal representative of the estate has the power to prosecute it, including recovering funeral expenses.Est. & Trusts § 7-401(y)(1)
The two cases are usually brought together. Missing the survival action leaves real money on the table.
The cap, and what it does not touch. Maryland limits non-economic damages — grief, pain, suffering, loss of companionship. The limit is set by the date the claim arose, not the date it is filed or tried, and it steps up every 1 October.Cts. & Jud. Proc. § 11-108(b)(2)–(3)
| Claim arising | One beneficiary | Two or more beneficiaries |
|---|---|---|
| 1 Oct 2024 – 30 Sep 2025 | $950,000 | $1,425,000 |
| 1 Oct 2025 – 30 Sep 2026 | $965,000 | $1,447,500 |
| As of 1 Oct 2026 | $980,000 | $1,470,000 |
The cap does not limit economic losses — lost income, medical bills, funeral costs — and it does not apply to punitive damages.§ 11-108(a)(2) Medical malpractice deaths run on a different schedule entirely: that cap steps up on 1 January, and the multiplier for two or more claimants is 125%, not 150%.§ 3-2A-09(b)
And the rule that ends more Maryland cases than any cap. Maryland is one of a small group of states that still applies contributory negligence: a person found even slightly at fault can recover nothing. Maryland’s highest court declined to change that rule in Coleman v. Soccer Association of Columbia, 432 Md. 679 (2013), leaving it to the legislature. In a fatal case the person who could answer the blame is gone, which is exactly why the evidence has to be secured early.
At Pinder Plotkin, the initial consultation is free, whether by phone or in person. You have the right to an attorney, and we work on a contingency basis — you do not pay attorney fees up front while dealing with medical bills and lost wages, and our fee comes only after you win.
Pinder Plotkin Legal Team holds a 4.9-star average across 900+ verified client reviews. Here’s what injured Marylanders say about working with us.
I have worked with Pinder Plotkin on a car accident and they were nothing but professional. The whole team were very caring and kept me informed through the whole process. I could not think of a better firm to represent me.More
Received support from Day 1. No question went unanswered and they worked to make sure I was comfortable and understood everything. Very patient in ensuring my needs are met. I am grateful.More
I been a client since 2017 and I had a good experience with them as far as getting results and being treated like family, I had a major injury and the whole team was very supportive and stayed on top of my case, I was able to maintain my bills due to being out of work for a year and had a favorable outcome with my settlement which helped me start my business ventures, so thanks again to the team and if need be I’ll have them represent me in the future.More
Jason, Charlotte, and Tony were absolutely amazing! I was in a car accident 4 years ago, they made sure I was taken care of and even though we had a lot of set backs due to Covid, they never made me feel like my case (or me) were not important. Tony knew my medical history better than I did, Charlotte was always an absolute delight to talk to and was so kind, and Jason was just great! I'm really sad that I won't be talking to them anymore, they became like family! I know that is something a lot of people say, but it is 100% true with this team.More
Great team took my cases when most wouldn’t did all the work fluently and worry free would not be any happier 😊. Highly recommend them for your legal servicesMore
I cannot thank the team at Pinder Plotkin enough for their compassion, patience, and relentless dedication throughout my car accident case. They went above and beyond — jumping through hoops, explaining every step with care, and standing by me when I felt overwhelmed or lost. The communication was incredible, and I always knew I was in good hands. I truly appreciate everything they did to help me get through such a stressful time. Highly recommend to anyone looking for people who genuinely care about their clients.More
Mr Jason, Mr Balsamo, Nancy and the team worked on my case meticulously until I got justice. Thanks Nancy for your assurance and patience. If you need a team of injury lawyers, Pinder Plotkin team should be your first call.More
To be honest, I wasn’t sure how this process would go since I usually let the auto insurance company handle accident. However, I would not hesitate to call upon the Pinder Plotkin legal team FIRST. They took on my case and exceeded expectations and removed any doubts I had. The folks at Pinder Plotkin fought through a long drawn out case, keeping my best interests in mind. A settlement was reached, more than what I would say, your insurance company would give. I’m extremely happy with the Pinder Plotkin team for their hard work, dedication to me as a client and as a veteran. I was treated with compassion, empathy and they communicated every step of the process. I high recommend the Pinder Plotkin legal team for your legal services. Thank you Pinder Plotkin, truely, thank you.More
A wrongful death action is brought by the surviving family — spouse, parents, and children — to compensate for their losses, including lost companionship, lost support, and lost income.
A survival action is brought by the estate for what your loved one endured before passing, such as medical bills, funeral costs, and pre-death pain and suffering. Many families bring both, and we handle each for you.
Primary beneficiaries — a surviving spouse, parent, or child — have the right to file. If there are no primary beneficiaries, secondary beneficiaries (other relatives who were substantially dependent on the deceased) may file.
The estate may also bring a separate survival action through its personal representative.
Maryland wrongful death claims can recover economic damages (lost wages and financial support, medical bills, funeral and burial costs) and non-economic damages (loss of companionship, guidance, and the mental anguish of losing a loved one).
Maryland caps non-economic damages, and the cap adjusts each year; cases with two or more beneficiaries carry a higher cap. Punitive damages are rare and generally require proof of actual malice, not ordinary negligence.
Our Maryland wrongful death lawyers handle fatal-injury claims arising from:
In Maryland, the statute of limitations for a wrongful death claim is generally three years from the date of death (Md. Cts. & Jud. Proc. §3-904). A few situations can change that window — for example, deaths caused by occupational disease — so it is best to speak with a lawyer as early as you can so no deadline is missed.
A wrongful death claim begins like any injury claim: another party's negligence caused a loss your family should not have to bear. From there, we investigate, identify and notify the responsible parties, negotiate with the insurer, and — if they will not deal fairly — file suit and try the case. Litigation Partner Tony Balasamo leads every case that needs the courtroom, and we keep you informed at each step.
A Maryland wrongful death action is filed in the Circuit Court for the county where the death — or the negligence that caused it — occurred. Every Maryland jurisdiction and its Circuit Court is listed below.
Circuit Court for Allegany County: Cumberland — 30 Washington Street
Circuit Court for Anne Arundel County: Annapolis — 8 Church Circle
Circuit Court for Baltimore City: Baltimore — 111 N. Calvert Street
Circuit Court for Baltimore County: Towson — 401 Bosley Avenue
Circuit Court for Calvert County: Prince Frederick — 175 Main Street
Circuit Court for Caroline County: Denton — 109 Market Street
Circuit Court for Carroll County: Westminster — 55 N. Court Street
Circuit Court for Cecil County: Elkton — 129 East Main Street
Circuit Court for Charles County: La Plata — 200 Charles Street
Circuit Court for Dorchester County: Cambridge — 206 High Street
Circuit Court for Frederick County: Frederick — 100 West Patrick Street
Circuit Court for Garrett County: Oakland — 203 S. 4th Street
Circuit Court for Harford County: Bel Air — 20 West Courtland Street
Circuit Court for Howard County: Ellicott City — 8360 Court Avenue
Circuit Court for Kent County: Chestertown — 103 N. Cross Street
Circuit Court for Montgomery County: Rockville — 20 Maryland Avenue
Circuit Court for Allegany County: Upper Marlboro — 14735 Main Street
Circuit Court for Allegany County: Centreville — 200 N. Commerce Street
Circuit Court for Somerset County: Princess Anne — 30512 Prince William Street
Circuit Court for Allegany County: Leonardtown — 41605 Courthouse Drive
Circuit Court for Talbot County: Easton — 11 N. Washington Street
Circuit Court for Washington County: Hagerstown — 24 Summit Avenue
Circuit Court for Wicomico County: Salisbury — 101 N. Division Street
Circuit Court for Worcester County: Snow Hill — 1 West Market Street
Three Maryland offices — Baltimore (Nottingham), Laurel and Bel Air — and we travel statewide to meet clients who cannot travel to us. Call (888) 844-5373 to schedule a visit.
We handle wrongful death cases throughout Maryland.
We take cases anywhere in Maryland — all 23 counties and Baltimore City. Each name links to that jurisdiction's official local government website.
Source: MDOT Zero Deaths Maryland jurisdiction crash data summaries, 2023. Statewide totals: 577 fatal crashes and 621 traffic deaths.
Primary beneficiaries — a surviving spouse, parent, or child — can file. If there are none, certain other relatives who were substantially dependent on the deceased may file. The estate can also bring a separate survival action.
Generally three years from the date of death. A few exceptions can change that window, so it is best to talk with a lawyer as early as you can.
It depends on the facts — lost income and support, medical and funeral costs, and the loss of your loved one’s companionship all factor in. We give you an honest assessment after reviewing your case, never a number we cannot stand behind.
A wrongful death claim compensates the family for their loss. A survival action compensates the estate for what your loved one endured before passing. Many families bring both, and we can handle each for you.
The claim is brought for the benefit of the spouse, parent and child of the person who died, under Md. Code, Cts. & Jud. Proc. § 3-904(a)(1). If no spouse, parent or child survives, it may be brought for a relative by blood or marriage who was substantially dependent on the person who died — but that is a fallback, not an additional class. Only one wrongful death action may be brought for a person’s death, so everyone with a possible claim needs to be identified before it is filed.
Three years from the date of death for most claims, under § 3-904(g)(1) — the clock runs from the death, not from the accident or the diagnosis. If an occupational disease from a toxic workplace exposure caused the death, the claim must be filed within ten years of the death or within three years of when the cause of death was discovered, whichever period is shorter. There is also a narrow discovery rule where the death arose from criminal homicide and the wrongdoer’s conduct kept the claim hidden.
Yes, they are two separate cases. The wrongful death claim belongs to the family. The survival action belongs to the estate and is the claim the person who died could have brought had they lived, including their own conscious pain and suffering before death and their funeral expenses. It survives under Cts. & Jud. Proc. § 6-401(a) and is prosecuted by the personal representative under Est. & Trusts § 7-401(y)(1). They are usually brought together.
Only on non-economic damages — grief, pain, suffering and loss of companionship. The limit is fixed by the date the claim arose and steps up every 1 October. For a claim arising between 1 October 2025 and 30 September 2026 it is $965,000, or $1,447,500 where there are two or more beneficiaries. As of 1 October 2026 those figures become $980,000 and $1,470,000. The cap does not limit lost income, medical bills or funeral costs, and it does not apply to punitive damages. Medical malpractice deaths run on a separate schedule that steps up on 1 January with a 125% multiplier.
Jake’s Law is Maryland Transportation Article section 21-1124.3. It makes it a crime to cause a crash that kills or seriously injures someone while texting or using a handheld phone behind the wheel. A conviction carries up to one year in jail, a fine of up to $5,000, or both, and that sentence is separate from any other charge brought over the same crash. The law is named for Jake Owen, a five-year-old boy killed when the family car was struck from behind by a driver on a cell phone, and it was signed in April 2014 after his parents campaigned for it. If a distracted driver hurt you, a Jake’s Law charge is a criminal matter handled by the State. Your civil claim for medical bills, lost income and pain is separate, and you can bring it whether or not the driver is charged.
Maryland is one of a small number of states that still follows contributory negligence. In most states, being found partly at fault reduces what you recover. In Maryland it can bar your claim entirely, even if the other side was far more to blame. Maryland’s highest court reaffirmed the rule in Coleman v. Soccer Association of Columbia, 432 Md. 679 (2013), over a strong dissent, and said any change to it is for the General Assembly rather than the courts. That is why an insurance adjuster’s first move is so often to suggest you did something wrong. Being blamed is not the same as being at fault, whether the rule actually bars a claim depends on the specific facts, and it is the reason to be careful about what you say and to get advice early.
Jason Plotkin was born and raised here, and he has lived in six Maryland jurisdictions — Baltimore City, Baltimore County, Montgomery County, Howard County, Allegany County and Worcester County. Mountains to shore. That is not a marketing line; it is where he has actually lived.
Marc Hassan, Tony Balasamo and Joshua Fannon were born and raised in Maryland too, and Christian Miele served in the Maryland House of Delegates. When you work with our firm, you are working with people who know this state — its roads, its courts and its neighbors.
If someone else's negligence took your family member, the Pinder Plotkin Legal Team is ready to help — with compassion, and with the resources to hold the responsible party accountable. Call (888) 844-5373 or request your free consultation. You pay nothing unless we win.
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