Blog / Personal Injury

Who Can File a Wrongful Death Lawsuit and What Damages Are Available?

Losing a loved one is one of the hardest things to endure, and especially if that loss is because of another person's carelessness. A wrongful death lawyer can guide your family through the process of bringing a claim here in Baltimore, MD.

What Does a Wrongful Death Claim Do?

When a person dies as a result of someone else's negligence, Maryland law allows certain surviving family members to seek compensation for the loss of the deceased's income, fellowship, and care. 

This type of claim differs from a survival action, which is where the estate of the deceased brings a claim for losses the deceased themselves suffered before their passing. A wrongful death claim focuses on the harm the death is causing and has caused to the survivors. 

Who Can Bring a Claim?

The spouse, children, and parents of the person who died are eligible to benefit from a wrongful death action, and these individuals have the first right to bring the action. There are exceptions if a family member is responsible for the death, but otherwise spouses, children, and parents are always the ones who benefit from a wrongful death action. The law treats a child born outside of marriage as the child of the mother and of the father only if paternity was established legally before the death. 

If no spouse, child, or parent survives the deceased, the right to bring a claim passes to secondary beneficiaries. These can be any blood or marriage relatives who depended on the deceased for support. Grandparents, siblings, or other kin might qualify in that situation, but again, they can only bring a claim and benefit from it if there's no one in the primary group of spouse, children, and parents. 

What Damages Are Available?

First, the family can claim damages for their economic, or monetary, losses. These include the lost income the deceased would have provided had they lived, lost household services, and any medical, funeral, or burial expenses. There are no caps on this: whatever can be shown to have been lost may be recovered. 

But the family can also get non-economic damages. This is compensation for the personal losses like mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, care, attention, advice, counsel, training, guidance, or education. There are caps on these damages. The cap was set in 1994 at $500,000 and increases by $15,000 every year in October. In Oct of 2025, the cap was $965,000 for a single claimant. If there are two or more claimants, the total for all non-economic damages can't be more than 150% of that single-claimant amount. 

Talk to a Wrongful Death Lawyer in Baltimore, MD Approaches These Cases

If someone's negligence has caused the death of someone close to you, call the Law Offices of Elan B. Rafael in Baltimore at 410-826-4763 today or request a consultation online. You'll always speak directly with Elan Rafael in consultation about the facts of your situation and the options available under Maryland law. 

Posted in:

Related Posts

What Medical Records Are Critical in a Traumatic Brain Injury Claim?

If you've suffered a brain injury from an accident, your medical records will go a long way in determining how effectively your claim for compensation moves forward. A Baltimore, MD traumatic brain injury attorney can help you sort through the details and gather all evidence that proves what's happened and how it's affected you. more Medical Records That Matter Most in a TBI Claim Medical records supply the objective proof that an accident caused real harm, establish how serious that harm was, and document the ongoing needs that are affecting your daily life and future costs. If you don't have complete, well-organized documentation, the insurance company is likely to question the connection between the incident and later symptoms or downplay the long-term effects. Every relevant note, scan, and evaluation is important to have in hand so the full picture of your injury is clear. The most important records to gather will be: Initial records Tests and imaging Specialist evaluations Neuropsychological testing Rehabilitation and therapy records Those First Moments Those early records from first responders and the emergency department are really important. Ambulance reports will capture what happened at the scene, and emergency room notes will include the initial neurological checks and any decisions made in those critical first hours. These documents are critical because they were created closest in time to the event and because they record the mechanism of injury, such as a direct blow to the head or sudden deceleration. That's useful to tie the accident directly to the brain trauma. Tests and Imaging Diagnostic imaging carries a lot of weight. A CT scan is usually the first test ordered in the ER because it quickly reveals if there are any fractures, bleeding, swelling, or blood clots that require immediate intervention. An MRI might be ordered once you stabilize, as it can show subtler damage such as diffuse axonal injury or small contusions. EEG reports may show if any seizures occurred or brain activity raised concern. Specialist Evaluations With a brain injury, it's likely you'll be seen by neurologists or neurosurgeons, and their notes about any changes in symptoms over days or weeks and any recommendations for further testing or treatment will be useful to track how the injury evolved. Just having consistent specialist documentation itself strengthens your claim because it shows that the problems persisted and required expert attention. Neuropsychological Testing Neuropsychological testing is especially important when imaging looks normal but you're not feeling or acting like normal. These evaluations use standardized tasks to measure your attention, processing speed, memory, executive function, and emotional regulation, and the results can demonstrate that you have some measurable deficits. These can help to differentiate injury-related changes from any pre-existing conditions or unrelated stress. Many people with milder brain injuries show little on scans but have clear difficulties on these tests. Talk to a Baltimore, MD Traumatic Brain Injury Attorney Today Your records tell a story, and it's your lawyer's job to tell that story effectively and use those records to get you full compensation for what you've lost and suffered. Contact the Law Offices of Elan B Rafael in Baltimore, MD right away for a consultation, where you'll talk to Elan B. Rafael directly, never a paralegal or secretary.

Bicycle Crash

Which Steps Protect Your Rights After a Bicycle Crash?

What Should You Do After a Bicycle Accident in Baltimore, MD? The steps you take after a bicycle accident in Baltimore can affect both your physical recovery and your ability to pursue compensation. Medical records, police reports, witness statements, and other evidence may become important if you later file a bicycle accident claim. Call to Schedule Your Consultation: 410-826-4763 in Baltimore, MD. Get Medical Help Your medical treatment will tie your injuries directly to the crash. Even if you feel okay at first, some issues like concussions or soft-tissue damage may not show up until later, so always get checked out. Skipping this step will weaken your position, as the insurance company may raise questions later about how the injuries happened if they're not clearly and obviously connected to the crash. Call the Police and Get an Official Report In Maryland, you need to report any crash that involves injury. Police will come to the scene, take statements, and file a report that lists the facts, who was involved, and what the conditions were like. That official document will be important evidence later. Document the Scene Yourself While you wait for help, or right after you are safe, take photos of everything if you're well enough to do so. Write down the other driver's name, contact information, insurance details, and license plate. If anyone saw what happened, get their names and numbers, too. Preserve Every Piece of Evidence Leave your bike, helmet, clothing, and any other items exactly as they were after the crash. Don't repair or clean them until someone who knows what they are doing has examined them: your lawyer can direct you to the right professionals for this. These items can prove the force of the impact or show that you were following safety rules. Be Careful About What You Say Maryland follows a strict contributory negligence rule which means that if you are found even slightly at fault, you can't recover damages. Stick to the facts when talking to police, and avoid apologizing or speculating about who caused the crash. The same caution applies to any conversations you might have with insurance adjusters. It's best to refer them to your lawyer. Contact a Bicycle Accident Attorney An experienced attorney knows how the insurance companies operate and what the laws are, and they can step in early to handle communications so you do not accidentally say something that hurts your case. They'll review the police report, gather additional evidence if needed, and make sure all your damages are fully accounted for so you don't lose out. Waiting too long to file a claim can mean you miss the deadline entirely or some of the evidence becomes unusable, so talk to a lawyer as soon as you can. Talk to a Lawyer Today If you have been hurt in a bicycle crash, reach out for a free consultation at Rafael Law, LLC in Baltimore right away. We serve clients throughout Maryland, including Silver Spring, Brooklyn Park, Glen Burnie, Towson, Columbia, Annapolis, and Rockville. Contact Our Legal Team for a Consultation

What Should You Do If the At-Fault Driver Is Uninsured or Underinsured?

If the at-fault driver in a Baltimore, MD car accident has no insurance, or not enough, you have several options. Maryland is an at-fault state, meaning the negligent driver is responsible for damages, but practically speaking, your ability to recover is going to depend on their insurance coverage, your own coverage, and some other factors. Talk to an uninsured motorist attorney right away after an accident like this to make sure you're exploring all your options. more What to Do After a Baltimore, MD Accident With an Uninsured or Underinsured Driver 1. File a Claim Under Your Own Uninsured/Underinsured Motorist (UM/UIM) Coverage This is typically the most effective and reliable option, and it's what you get UM or UIM coverage for. Maryland requires all auto insurance policies to include uninsured/underinsured motorist coverage unless you specifically waive this coverage in writing. That means you'll likely have at least $30,000/$60,000 uninsured/underinsured coverage for bodily injury and $15,000 for property damage, and hopefully more if you got a bigger policy. Things to Know It's important to also know that the amount of coverage you have from the other driver in a UIM situation will be counted against your UIM coverage. For example, if the driver has $30,000 in liability coverage (the standard minimum) and you also have $30,000 in UIM coverage, then you cannot collect any UIM at all. If the driver has the minimum but you have more, say $60,000, the $30,000 from the at-fault driver's coverage is subtracted so you only have $30,000 in UIM.Maryland's strict contributory negligence doctrine also means that if you contributed to your accident in any way at all, you not only cannot collect from the at-fault driver, but you also cannot collect UM or UIM coverage. 2. Use Other Coverages on Your Policy You should have Personal Injury Protection (PIP) protection for medical expenses and lost wages, though you can also waive this coverage. Collision coverage, if you have it, will also pay for your vehicle repairs after the deductible is paid. Both of these kick in regardless of who is at fault, and they can be a quick way to access some funds while you try to access UM or UIM coverage. 3. Sue the At-Fault Driver Personally You can bring a lawsuit against the negligent driver, but bear in mind that if someone doesn't have insurance, that often means they don't have enough assets to pay for your losses. Even if they do, payment may come in the form of garnishing their wages or putting a lien on their property, which means you may only get small amounts in dribs and drabs. Your attorney will let you know if this is an option to consider. 4. Talk With an Uninsured Motorist Attorney Talk to us today at the Law Offices of Elan B. Rafael in Baltimore, MD. We can help you work through the options and decide if a lawsuit is feasible. We also serve Silver Spring, Brooklyn Park, Glen Burnie, Towson, Columbia, Annapolis, and Rockville.