Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
In Maryland, only a decedent’s personal representative may file a wrongful death claim. Under Maryland Courts & Judicial Proceedings §3-901, the personal representative sues on behalf of the estate. The court awards pecuniary damages—economic losses such as lost wages, medical bills, and funeral expenses (CJP §3-903).
Maryland law sets a three-year statute of limitations for wrongful death actions (CJP §5-103). After recovery, distribution follows the Wrongful Death Act’s rules. Under CJP §3-904, damages are distributed to the decedent’s distributees (heirs) as if the decedent died intestate and the cause of action accrued immediately before death.
To determine each heir’s share, refer to the Estates & Trusts intestate succession provisions. For example, if the decedent left a surviving spouse and one child, the spouse receives one-half and the child one-half of personal property (Estates & Trusts §3-107). The court approves and then orders distribution through the Orphans’ Court.
Key steps:
- Obtain letters of administration. A personal representative must receive appointment from the Orphans’ Court.
- File the wrongful death suit within three years of the death date (CJP §5-103).
- Negotiate settlement or obtain a jury verdict for pecuniary damages (CJP §§3-902 to 3-903).
- File a petition in Orphans’ Court for approval of the settlement and proposed distribution plan under CJP §3-904.
- After court approval, distribute funds to heirs per intestate succession rules (ET §3-107).
Helpful Hints
- Keep detailed records of all expenses and lost income to document pecuniary loss.
- Confirm appointment of the personal representative before settlement talks.
- Watch the three-year statute of limitations closely (CJP §5-103).
- Review local Orphans’ Court rules for filing petitions and notices.
- Consider mediation to resolve disagreements among heirs and speed distribution.