Lawyers, Answer Questions  & Get Points Log In
Maryland Wrongful Death Questions & Answers
1 Answer | Asked in Wrongful Death for Maryland on
Q: How long after death can you file for wrongful death?

My son was killed 15years ago.The killer is in jail now.

Mark Oakley
Mark Oakley
answered on Apr 28, 2022

3 years for a wrongful death that occurs in Maryland. There are no exceptions, as the time limit on commencing suit is deemed part of the substantive cause of action. I am sorry for your loss. Unless the jailed killer has assets, I do not see how you would satisfy a judgment even if the claim... Read more »

1 Answer | Asked in Wrongful Death for Maryland on
Q: What evidence of authority does a parent have to present in order to file a wrongful death claim for child of 18?

Also, if the estate hasn't been opened, does it affect the statute of limitations?

Mark Oakley
Mark Oakley
answered on Aug 7, 2021

There is no prerequisite evidence of authority required to file a wrongful death claim for the loss of your child. If your assertion of parentage is challenged, then the birth certificate of your child showing you as a parent would be the obvious proof to use in response, but other evidence too... Read more »

2 Answers | Asked in Wrongful Death for Maryland on
Q: Does the SOL get stayed until an estate is opened for a survival action?

In a survival action, does the SOL start to run when the estate is opened or when the death occurs? Does equitable tolling apply?

Mark Oakley
Mark Oakley
answered on Aug 4, 2021

No, the SOL begins to run from date of accident or negligent act or omission that caused the injury leading to death, not from the date of death itself if the death occurred later. There are exceptions, usually under the "discovery" doctine, or where the decedent was under the age of 18... Read more »

View More Answers

1 Answer | Asked in Wrongful Death for Maryland on
Q: Does a parent have to be appointed by a Court to bring wrongful death suit of intestate child? Or is it automatic?

If a child dies intestate, can the divorced parents independently file wrongful death claims on their own without an executor/personal representative/administrator? Or does one have to be appointed by the Court on behalf of the estate to file? Where do I find information about this?

Mark Oakley
Mark Oakley
answered on Aug 4, 2021

No, but all persons within the class of persons who are entitled to bring the action must be joined in the same action, or they must elect to be excluded from it. For instance, each of the divorced parents of the deceased child cannot bring their own separate actions. There can only be one case... Read more »

1 Answer | Asked in Animal / Dog Law, Medical Malpractice and Wrongful Death for Maryland on
Q: Can I sue the animal shelter if my dog became really sick after getting out?

My dog went out my door and went missing for a couple of hours. Later animal control got a hold of my dog. I took my dog out a week later since I couldn't pay for the fees at the time. I went to go get my dog this Tuesday and they told me that she hasn't eaten in those days. My dog was 5... Read more »

Mark Oakley
Mark Oakley
answered on Jul 3, 2021

You have to prove that the shelter had a duty to care for your dog, breached that duty of care in some way, and that breach of care directly resulted in your dog's death. You have articulated no facts to support how or what caused your dog's death. How do you know your dog did not eat... Read more »

2 Answers | Asked in Wrongful Death for Maryland on
Q: I'm personal Rep. of my Dads Estate, does his wrongful-death award have to go to the Maryland court for disbursement?

I was told some states require wrongful death awards to go through their court to disburse funds to the beneficiaries, over-riding the terms in the deseased's will.

Mark Oakley
Mark Oakley
answered on Jun 2, 2021

Was your deceased father the plaintiff in a wrongful death action for the loss of another family member? If so, then his share of any recovery belongs to the estate, and it gets disbursed as part of the estate assets. If the basis of the award is in fact your father's death in an accident,... Read more »

View More Answers

1 Answer | Asked in Car Accidents, Wrongful Death and Criminal Law for Maryland on
Q: How can I protect my family in the state of MD if caught in a roadblock protest and they begin attacking my car?
Thomas J. Maronick Jr
PREMIUM
Thomas J. Maronick Jr
answered on Jul 3, 2020

In Maryland you cannot use deadly force for property alone and you can only use reasonable force depending on the circumstances. If they are attacking the car with your family in it and you fear for their safety, you could likely use reasonable force to prevent the assault.

1 Answer | Asked in Car Accidents and Wrongful Death for Maryland on
Q: My 28 year old daughter was hit by a car (doing 50-58 miles per hour) on Jan 2, 2020 and died instantly.

She did not cross the street in a crosswalk however, the car was speeding, but did not get a ticket. This occurred in Westminster, Carroll County MD

Mark Oakley
Mark Oakley
answered on Apr 25, 2020

I am so sorry for your tragic loss. You should locate a personal injury lawyer with whom you are comfortable and go over the circumstances and legal options in detail. Whenever a death occurs arising out of an automobile accident, there is often a detailed accident reconstruction report... Read more »

2 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for Maryland on
Q: A police crash report was filed with MVA, by Baltimore County Police, which office should we send our dispute to?

Which MVA office would the county crash investigator send report to? Is what I meant.

John Mesirow
PREMIUM
John Mesirow
answered on Mar 23, 2020

Here's the link to get a copy of the police report:

https://www.baltimorecountymd.gov/Agencies/police/requestreports/

View More Answers

2 Answers | Asked in Animal / Dog Law, Car Accidents and Wrongful Death for Maryland on
Q: Someone ran over my dog... Can they sue me for car damage?

Our dog was let outside (we live on a farm), she was unleashed. She ran out into the road and a speeding truck had run her over. He did not call the police. Our dog was taken to the vet immediately and stitched up (the vet bill was over $700). She was told she had a high chance to live but... Read more »

Mark Oakley
Mark Oakley
answered on Jul 18, 2019

I am very sorry about your dog. Sadly, some people can have no sympathy whatsoever. Unfortunately, as owners of your dog, it is your obligation to maintain it under control and not allow it to run loose across traffic. The people should submit their claim to their car insurance, but legally, they... Read more »

View More Answers

1 Answer | Asked in Wrongful Death for Maryland on
Q: What’s going to happen if you stole for the mail ?

About 753

Peter N. Munsing
Peter N. Munsing
answered on May 23, 2019

federal postal violations and state criminal violations are both likely.

3 Answers | Asked in Wrongful Death for Maryland on
Q: My husband was the sole earner in our family but he was killed in a car crash. Will a wrongful death settlement cover

his future earnings, and for how long?

Mark Oakley
Mark Oakley
answered on Dec 26, 2018

Future earnings are just one type of damage you can claim. However, how much you can recover will depend on the insurance coverages available as well as the defendant’s assets. Call a lawyer to discuss thecaim.

View More Answers

2 Answers | Asked in Wrongful Death for Maryland on
Q: How can a court decide what an academically promising college student's future earnings would be after he's killed in a

car accident?

Thomas Neary
Thomas Neary
answered on Dec 11, 2018

Hello - first, I am sorry for your loss!

There are many factors that go into an estimated future income when someone dies before they reach the workforce. In most cases, the attorney on the side of the deceased will hire experts in the area and gather evidence to support an estimate that...
Read more »

View More Answers

3 Answers | Asked in Wrongful Death for Maryland on
Q: My father was recently killed in a car accident that wasn't his fault. I'm his estranged biological son. Can I still

file a wrongful death suit if I haven't had contact with him in a decade? He has no other living family members to my knowledge.

Mark Oakley
Mark Oakley
answered on Nov 26, 2018

Yes, and his estate has a claim it can pursue as well. Consult a lawyer in the state where your father lived at the time of his death, or alternatively, in the state where the accident happened, and proceed from there.

View More Answers

1 Answer | Asked in Wrongful Death for Maryland on
Q: What kind of taxes would we need to pay on any settlement we'd get?
Mark Oakley
Mark Oakley
answered on Oct 19, 2018

Ordinarily, lump sum amounts recovered for compensatory damages awarded in wrongful death claims are not taxable. If the recovery is not related to compensation for personal injuries, but for economic losses like lost wages, and the dollar amount is separately stated in the recovery, then those... Read more »

1 Answer | Asked in Wrongful Death for Maryland on
Q: So if we file a wrongful death claim, does the person go to prison, or is it just money we get?
John Mesirow
PREMIUM
John Mesirow
answered on Sep 21, 2018

Just money. A wrongful death claim is civil, not criminal.

4 Answers | Asked in Wrongful Death for Maryland on
Q: We are trying to figure out - is wrongful death always a criminal lawsuit?
John Mesirow
PREMIUM
John Mesirow
answered on Sep 7, 2018

Wrongful death is a civil claim. Contact a personal injury lawyer to discuss the merits of the claim.

View More Answers

2 Answers | Asked in Wrongful Death for Maryland on
Q: I switched lawyers during the case -- is the first one entitled to any of the settlement?
Mark Oakley
Mark Oakley
answered on Aug 23, 2018

By statute, a discharged lawyer is entitled to reasonable compensation for the time expended, plus any out-of-pocket costs advanced in connection with the representation. Ordinarily, your new counsel works out the compensation with your old counsel. This can be however your new counsel is willing... Read more »

View More Answers

1 Answer | Asked in Wrongful Death for Maryland on
Q: Thanks for your time,, Question: standard % charged to plaintiff in wrongful death suit associated with medical issues?
Joseph D. Allen
Joseph D. Allen
answered on Aug 22, 2018

Depends in part on how strong the case is- but medical malpractice cases (particularly involving death) are typically a lot of work even if the case looks like a strong one. Some attorneys charge 33 1/3%. Plus, unless there is a very early settlement, expenses (particularly for expert witness... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.