When families call us after a sudden loss, they want clear answers. Managing Attorney Ryan Dickriede has built his career guiding Baltimore families through high-stakes civil cases, including wrongful death, catastrophic injury, medical malpractice, and other personal injury matters.
He brings a litigation background and an unwavering commitment to client advocacy at Holzman & Dickriede Attorneys at Law.
Wrongful death law is technical, and Maryland’s rules about who may file, which damages are available, and how the cap applies can feel confusing. Below, we explain eligibility in plain language, backed by the Maryland Code and current guidance on damages and timelines, so you know where you stand before you take your next step.
Why these claims matter in Baltimore
Wrongful death claims do more than assign fault. They safeguard a family’s financial future and hold negligent parties accountable.
The need for accountability is very real in our city. In recent years, Baltimore has averaged dozens of traffic deaths annually, and vulnerable road users remain at heightened risk, reflecting broader state trends that Maryland is working to reverse through Vision Zero and targeted safety programs.
The legal foundation: Maryland’s Wrongful Death Act
What counts as wrongful death
Maryland’s Wrongful Death Act creates a civil cause of action when a person’s death is caused by another party’s wrongful act, neglect, or default that would have allowed the person to bring a personal injury claim if they had survived. This cause of action belongs to the survivors identified by statute, not to the decedent.
Maryland’s courts treat wrongful death as separate from the personal injury claim the decedent could have brought, which is why beneficiaries and the decedent’s estate may pursue different but related claims.
Where the law lives
The statute that answers who can file is Courts and Judicial Proceedings Article § 3-904. The official state publication and multiple legal publishers provide the text. We reference the official state site below and include reputable annotated sources for ease of reading.
Who can file a wrongful death lawsuit in Maryland
Primary beneficiaries: Those who have first priority
Under § 3-904(a), the spouse, parent, and child of the deceased have the first right to bring a wrongful death claim. If any primary beneficiary exists, the action is for their benefit. The statute also contains specific exclusions for parents in limited circumstances involving certain criminal convictions or acts, which can bar that parent from benefiting from a claim arising from the death of their child.
Secondary beneficiaries: When there are no primaries
If there are no primary beneficiaries, the action may be brought for the benefit of any person related to the deceased by blood or marriage who was substantially dependent on the deceased. This can include siblings or other relatives, but dependency is the key. If even one primary beneficiary exists, secondary beneficiaries generally cannot recover.
Who files if there are multiple eligible people
Maryland practice allows one action with all eligible beneficiaries joined. Courts may apportion damages among beneficiaries in proportion to their loss. Filing quickly and coordinating claimants helps avoid duplicative or competing suits and ensures proper apportionment within one unified case.
What if there is also an estate claim
A wrongful death claim belongs to the beneficiaries. Separately, the personal representative of the estate may bring a survival action to recover for losses the decedent suffered between injury and death. The two claims are distinct and can be brought together; the non-economic damages cap applies separately to each in certain configurations, which can be very important for case valuation.
Survival action vs. wrongful death: why it matters
Wrongful death claim
This compensates the family’s losses after the death. Recoverable categories include mental anguish, loss of companionship, and loss of parental, marital, or filial care, among others specified by statute. These are non-economic harms measured in human terms.
Survival action
This belongs to the estate and addresses the decedent’s injuries prior to death. It can include conscious pain and suffering, medical bills, lost wages from injury to death, and funeral expenses. It does not compensate for the survivors’ grief. In practice, many cases include both claims.
The statute of limitations: When you must file
Maryland law requires wrongful death actions to be filed within three years after the date of death, with a narrow occupational-disease exception. Courts have confirmed that even when the underlying wrongful act involves medical negligence, the three-year wrongful death period governs. Missing this deadline usually ends the claim. Start early so evidence can be preserved and all beneficiaries can be identified and joined.
Damages and Maryland’s cap
Economic and non-economic damages
Economic damages cover financial losses like medical bills, funeral costs, and lost support. Non-economic damages cover intangible losses like grief, mental anguish, and loss of companionship. There is no cap on economic damages in Maryland wrongful death cases, but there is a cap on non-economic damages that increases annually.
The current non-economic damages cap
For causes of action arising on or after October 1, 2024, the non-economic damages cap is 950,000 dollars for a single wrongful death claimant. If there are two or more claimants or beneficiaries in a wrongful death action, the cap is 150 percent of that amount, or 1,425,000 dollars. Importantly, the cap applies separately to a wrongful death claim and to a survival action. The cap increases by 15,000 dollars every October 1.
Medical malpractice claims use a different cap structure
If the wrongful act involves medical malpractice, separate medical-malpractice caps apply under § 3-2A-09. This is a distinct statutory scheme with its own annual adjustments. Properly identifying which cap applies is essential to case valuation and negotiation strategy.
How Baltimore families typically qualify
Common fact patterns we see
We represent families after fatal traffic crashes, dangerous property conditions, medical negligence, workplace incidents, and product failures. In traffic cases alone, the City has documented persistent safety challenges, and the State reports that vulnerable road users make up a substantial portion of fatalities, reinforcing why timely civil enforcement through litigation matters.
Proving eligibility and dependency
Primary beneficiaries need only show their relationship to the decedent. Secondary beneficiaries must also show substantial financial dependency. Financial records, shared household expenses, and testimony can establish this.
If there is any doubt about who qualifies, we move quickly to identify all potential beneficiaries and align the filing to the statute’s priorities so no one is excluded.
How a wrongful death case moves forward
Step 1: Investigation and preservation
We start by preserving evidence: scene documentation, vehicle data, surveillance, 911 audio, medical records, and witness statements. Early work can materially improve outcomes once insurers and defense counsel engage.
Step 2: Identifying all beneficiaries and claims
We confirm whether the case involves primary beneficiaries, whether any secondary beneficiaries qualify, and whether a survival action should be brought by the estate. Combining claims strategically can maximize the overall civil recovery within Maryland’s cap framework.
Step 3: Notice, valuation, and negotiation
We present liability and damages in a structured way, including economic models for lost support and careful documentation of non-economic loss. Where medical negligence is alleged, we ensure compliance with pre-suit requirements and evaluate the separate cap rules.
Step 4: Litigation to verdict if needed
If a fair resolution is not offered, we take the case forward. Maryland juries are not told about the statutory cap, and the court will reduce a verdict if it exceeds the cap. We factor that reality into trial strategy and settlement analysis so families are prepared for each decision point.
Answers to frequent questions from Baltimore families
Can multiple family members file at the same time
Yes. A single wrongful death action is brought for the benefit of all eligible beneficiaries. The court allocates damages among them based on the injury to each person. This avoids competing suits and ensures a comprehensive resolution.
What if a parent harmed the child
Maryland’s statute prevents a parent who committed certain specified crimes or acts against the other parent (who is also the parent’s child) from benefiting from a wrongful death claim arising from that child’s death. This protects the integrity of the recovery and reflects the legislature’s public policy choices.
What if no spouse, parent, or child survives
Then a qualifying secondary beneficiary who is related by blood or marriage and substantially dependent on the decedent may bring the claim. Proof of dependency is essential in these cases.
What damages are most often contested
Insurers frequently challenge non-economic damages by minimizing grief and loss. Maryland’s cap limits the total award for non-economic harms, but careful documentation of the family’s day-to-day losses and expert testimony can support the full measure of damages permitted by law.
Does Baltimore track fatal crash data that can help my case
Yes. The Maryland Highway Safety Office publishes crash-data dashboards and county and city problem-identification reports, and Baltimore City is implementing Vision Zero strategies. We often use these resources to contextualize a crash location or trend.
Practical timelines and why speed matters
The three-year deadline is strict
The wrongful death statute of limitations is generally three years from the date of death. There is a specific occupational disease exception that can extend the period, but it is narrow. Courts have held that the three-year wrongful death period applies even where the underlying negligence is medical. Because delays risk dismissal, we encourage families to engage counsel as soon as they can.
Evidence is most powerful early
Witness memories fade, vehicles are repaired or destroyed, surveillance video is overwritten, and scenes change. Acting early preserves proof of liability and damages and allows us to identify every eligible beneficiary and claim.
How damage caps influence strategy
Single-beneficiary vs. multiple-beneficiary cases
If only one beneficiary exists, the wrongful death non-economic cap applies at the single-claimant amount. If two or more beneficiaries exist, the wrongful death cap increases to 150 percent of the standard cap. If a survival claim is also brought, the survival cap is separate, which can materially raise the combined ceiling for non-economic recovery. These distinctions drive valuation, mediation strategy, and verdict expectations.
Annual increases and filing dates
The cap rises by 15,000 dollars each October 1. The controlling cap is tied to when the cause of action arose, not the trial date. Understanding the applicable cap at intake helps set realistic expectations and settlement targets.
How we help Baltimore families
Clear communication and local experience
Our team combines courtroom advocacy with practical guidance. We know Baltimore’s courts, insurers, and defense firms, and we build cases with the cap, apportionment, and proof requirements in mind. Our firm has long represented injury victims across the metro area, and our attorneys are recognized for their litigation work.
Coordinating beneficiaries and estate issues
We coordinate among family members to avoid conflicts, ensure all eligible beneficiaries are included, and align the wrongful death claim with any survival action by the estate. That approach can reduce friction and maximize the lawful recovery.
Trial-ready preparation
From the first week of an investigation, we prepare like the case will be tried. This mindset strengthens settlement leverage and gives families confidence that we are ready for every outcome.
What to do now
- Gather key documents. Death certificates, medical records, funeral bills, and any evidence from the incident are helpful starting points.
- Identify all potential beneficiaries. Confirm whether there is a spouse, parent, or child. If not, consider relatives who were financially dependent on the decedent.
- Speak with us early. We will explain eligibility, evaluate both wrongful death and survival claims, preserve evidence, and map out a timeline that protects your rights under Maryland’s three-year rule.
Call Holzman & Dickriede
We are here to answer your questions and help you make informed decisions. If your family is facing a potential wrongful death claim in Baltimore, we can evaluate eligibility, preserve evidence, and guide you through Maryland’s rules so your loved one’s story is told with clarity and strength.
