Wrongful Death Claims After a Serious Car or Truck Accident

 Posted on August 17, 2025 in Car & Truck Accidents

When someone is killed in a car or truck accident, it is impossible to overstate the grief and shock a family experiences. In Maryland, families also face the difficult task of navigating the legal process of holding the responsible parties accountable. This can be extremely difficult when you are also dealing with such a profound loss. 

Wrongful death claims are governed by specific state laws that outline who can file, what damages are available, and how the process works. Understanding these rules can help you take decisive action in the midst of grief, and you do not have to move forward alone. 

The Bowie, MD personal injury attorneys at our firm have more than 50 years of combined experience representing victims and families in complex, high-stakes cases. We approach each wrongful death claim with the intensity and courage needed to take on insurers, trucking companies, and anyone else responsible for a fatal crash.

Who Can File a Wrongful Death Claim in Maryland?

Maryland’s wrongful death statute is found in Md. Code, Courts and Judicial Proceedings § 3-901 to § 3-904. Under these laws, a wrongful death claim can be filed by the deceased person’s spouse, parent, or child. If none of these relatives survive, any person related by blood or marriage who was substantially dependent on the deceased may bring the claim.

Importantly, wrongful death actions are separate from survival actions. A wrongful death claim seeks compensation for the losses suffered by surviving family members, while a survival action (filed by the estate) addresses the losses and suffering the deceased experienced before death.

Damages Available in Maryland Wrongful Death Claims

The purpose of a wrongful death claim is to compensate the family for both economic and non-economic losses. Maryland law allows people to ask for coverage of funeral and burial expenses, loss of financial support, and loss of household services in a wrongful death claim. Non-economic damages can include the loss of companionship, care, comfort, guidance, and protection.

There are statutory caps on non-economic damages, which change annually. For deaths occurring in 2025, the cap for wrongful death claims with one beneficiary is $935,000, and it increases if there are two or more beneficiaries. Economic damages, however, are not capped and can be substantial in cases where the deceased was a primary earner or had a long career ahead of them.

Proving Liability After a Fatal Car or Truck Accident

In a Maryland wrongful death case, the burden is on you to prove that the defendant’s negligence or misconduct caused the death. In the context of a car or truck accident, this might involve showing that the driver was speeding, distracted, intoxicated, or in violation of federal trucking regulations.

Truck accident cases often involve multiple defendants, including the driver, the trucking company, maintenance providers, or even the makers of defective vehicle parts. Maryland follows the doctrine of contributory negligence, meaning that if the deceased is found to be responsible in any way for the accident, the family may not be able to recover any damages at all. This makes it all the more important to build a careful, evidence-backed case.

Our attorneys work with accident reconstruction specialists, look at black box data from commercial trucks, and analyze police reports to find out exactly how and why the crash occurred. This level of investigation is critical for overcoming the defenses raised by insurance companies and large corporations.

Contact a Bowie, MD Wrongful Death Attorney

If you have lost a loved one in a fatal car or truck accident, do not wait to get legal advice. Contact an Annapolis, MD personal injury lawyer at our firm by calling 301-262-5500 to schedule your free consultation. We will guide you through the legal process, explain your rights under Maryland law, and fight to secure the compensation your family deserves.