| Read Time: 4 minutes | Medical Malpractice
how much can you sue for wrongful death

Coping with the death of a loved one is extremely difficult. When the death results from negligence, malpractice, or intentional acts, it can be devastating.

If you believe that you have lost a family member due to wrongful death, our empathetic lawyers can help you to recover the financial compensation that you deserve.

We are here to handle your wrongful death claim with respect and compassion. You might be asking yourself, “how much can you sue for wrongful death?”

The answer to this question depends on the individual circumstances of each case.  We will, however, provide you with some information for you to get started below.

Please Contact our attorneys at Baird Mandalas Brockstedt & Federico, if you have any additional questions.

Determine the Type of Claim

When someone dies due to medical malpractice in Maryland, there are two potential legal claims: survival actions and wrongful death actions.

In survival actions, the estate of the deceased receives damages for the harm the victim suffered before his or her death.

In a wrongful death action, certain relatives can seek compensation after the victim’s passing. 

How Do You Prove Wrongful Death?

Wrongful death is broadly defined as death due to someone else’s wrongful act . A wrongful death can result from intentional acts, medical malpractice, or negligence.

Wrongful death lawsuits are civil actions and not criminal lawsuits.  In order to bring a wrongful death lawsuit, family members will need to prove the four distinct elements listed below. 

Duty of Care

Wrongful death beneficiaries must establish that the person or entity responsible for the victim’s death owed the deceased a duty of care.

Breach of the Duty of Care

Wrongful death beneficiaries must also prove that the person or entity responsible for the victim’s death breached that duty of care. 


The third element of a wrongful death lawsuit is causation.  Causation in the context of a wrongful death claim means that the breach of the duty of care was a cause of the victim’s death.


Finally, wrongful death beneficiaries must prove that the alleged breach of the duty of care resulted in damages. 

Damages for wrongful death include medical expenses incurred, lost wages and the family’s pain and suffering.

What Compensation Might I Recover in a Wrongful Death Suit?

You might be able to recover two kinds of damages in a wrongful death lawsuit: economic and non-economic damages.

Economic Damages

Economic damages refer to monetary losses and are more objective and quantifiable than non-economic damages. Economic damages might include lost income and lost household services.

Non-Economic Damages

In a wrongful death lawsuit, you may be able to recover compensation for non-economic damages. Non-economic damages are more subjective and harder to calculate than economic damages.

Non-economic damages might include the following:

  • Pain and suffering,
  • Mental anguish,
  • Loss of society and companionship, or
  • Loss of training and education.

This is not an exhaustive list. These are just a few examples of damages that you may be eligible for when bringing a wrongful death lawsuit.

Contact one of our skilled attorneys for further information on what damages you might recover for wrongful death under Maryland law. 

What Is the Average Payout in a Wrongful Death Suit?

An attorney cannot necessarily guarantee any specific outcome for a wrongful death suit.

Also, there is not necessarily an “average” payout for a wrongful death lawsuit. The payout in a wrongful death suit depends on the particular circumstances of each case. 

Therefore, the amount of compensation you might recover for wrongful death can vary widely. 

Non-Economic Damages Cap

In Maryland, there is a cap on non-economic damages.  The applicable cap on non-economic damages for medical malpractice cases depends on when the medical malpractice occurred. 

For example, the cap on non-economic damages in medical malpractice cases arising on or after January 1, 2023 is $875,000.00. 

If the wrongful death claim for medical malpractice involves two or more wrongful death beneficiaries, for causes of action arising on or after January 1, 2023, the cap on non-economic damages in Maryland is $1,093,750.

How to Find a Wrongful Death Attorney

If you are looking for a wrongful death attorney, our team at Baird Mandalas Brockstedt & Federico is here to assist you. We realize the grieving process is difficult. 

Therefore, we can work with you in a caring and compassionate manner. 

What Is the Statute of Limitations for a Wrongful Death Claim?

When contemplating a wrongful death lawsuit, you must be aware of the applicable statute of limitations.

The statute of limitations refers to the length of time before the clock “runs out” and the right to bring your claim expires.

In Maryland, wrongful death claims due to medical malpractice must be filed within three years of the death of the injured person. 

If you fail to file your wrongful death claim before the statute of limitations expires, you may be precluded from pursuing your claim.

If you have any questions or concerns about the deadline to file your wrongful death claim, please do not hesitate to contact us today at 410-421-7777.  We are here to help you.

How Our Attorneys Can Assist You

At Baird Mandalas Brockstedt & Federico, we have plenty of trial experience and are ready to fight for you.

Our lawyers give personal attention to every case and have achieved some of the highest medical malpractice verdicts in Maryland.

We have also been at the forefront of some of the most prominent mass tort and class action lawsuits in the country.

If you believe that you have birth injury claims, ER negligence claims, wrongful death claims or other types of medical malpractice claims, please call us today.

Contact us online or call us at 410-421-7777

Author Photo

Phil Federico is a partner at Baird Mandalas Brockstedt & Federico where he helps lead the Mass Tort / Class Action and Environmental Law practices, transitioning into these areas after beginning his career as a medical malpractice litigator.

Phil has led and been involved in historic and groundbreaking litigation with verdicts and settlements exceeding one billion dollars.

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