Compassionate Legal Help For Your Upper Marlboro Wrongful Death Claim
Last updated on June 18, 2026
Losing a loved one due to someone else’s negligence is a devastating experience. If your family is facing the tragedy of a wrongful death in Upper Marlboro and across Maryland, you deserve a lawyer who will stand by your side and fight for justice.
With over two decades of experience, Jackson & Associates Law Firm, LLC, has built a reputation for providing personalized attention and strong representation in every case. Our attorneys understand the complexities of wrongful death claims and are committed to helping you achieve the best possible outcome.
The Statute Of Limitations And What You Need To Prove
If you are considering filing a wrongful death claim, it’s crucial to act within the legal time limits and understand the key elements that must be proven to secure compensation. In Maryland, families generally have three years from the date of death to file a wrongful death claim. To succeed, you will need to prove the following:
- Duty of care: The defendant had a responsibility to act with care toward your loved one, such as a driver’s obligation to follow traffic laws or a doctor’s duty to provide proper treatment.
- Breach of duty: The defendant failed to meet this responsibility through negligent or reckless actions.
- Causation: There must be a direct link between the defendant’s actions and your loved one’s death.
- Damages: You must demonstrate that the wrongful death caused financial and emotional losses, including funeral costs or loss of companionship.
An attorney from Jackson & Associates Law Firm, LLC, can help you navigate these requirements and file your claim within the appropriate time frame.
Wrongful Death Vs. Survival Action: What Is The Difference?
A wrongful death claim is filed by family members to recover compensation for their own losses, such as emotional suffering and funeral costs. In contrast, a survival action is brought by the deceased’s estate to seek damages for the pain and suffering the deceased endured, along with any medical bills or lost wages. Jackson & Associates Law Firm, LLC, can help you determine which claim is right for your family.
Who Has The Right To File A Maryland Wrongful Death Lawsuit?
Under current Maryland statutes, the beneficiaries of an estate are typically the parties who have the right to file a wrongful death lawsuit. Primary beneficiaries receive priority consideration, although secondary beneficiaries have the right to file lawsuits in cases where there are no primary beneficiaries.
Primary beneficiaries include surviving spouses and children, as well as the parents of an unmarried individual who had no children. Secondary beneficiaries include any people related to the decedent by blood or marriage who were dependent on them prior to their passing.
Common Reasons For Wrongful Death Litigation In Upper Marlboro
A variety of different situations could warrant wrongful death litigation. Some of the most common scenarios that lead to lawsuits include:
- Motor vehicle collisions, including car, truck and motorcycle crashes
- Pedestrian and bicycle collisions
- Medical malpractice, including hospital errors
- Nursing home neglect or abuse
- Workplace incidents, including construction site fatalities
- Defective products
- Premises liability, including unsafe property conditions, animal attacks and negligent security cases
- Criminal acts, including assault, drunk driving and homicide
Plaintiffs must show that a preponderance of the evidence proves that a business or individual caused their tragic loss through either negligence or misconduct.
What Forms Of Compensation May Be Available?
Plaintiffs can seek both economic and noneconomic damages in a wrongful death lawsuit. Economic damages include lost financial support, lost workplace benefits, medical bills, funeral/burial expenses and loss of household services. Plaintiffs often need help quantifying the extent of these losses.
Noneconomic damages may include the mental anguish and grief experienced by survivors. Family members can request compensation for the loss of companionship, while spouses can request loss of consortium damages. Surviving children can request damages for the loss of parental care.
In cases involving actual malice or a reckless disregard for human life, plaintiffs may also be able to pursue punitive damages that serve as a punishment rather than as compensation. However, the standard of evidence for punitive damages is much higher, as plaintiffs must have clear and convincing evidence of malice or gross negligence, not just a preponderance of the evidence.
The law does not cap economic or punitive damages, but there are limits on noneconomic damages. The proceeds from a wrongful death lawsuit do not pass through probate court. Instead, beneficiaries receive a proportional share distributed to them directly based on their emotional and financial losses. Primary beneficiaries receive priority consideration, but secondary beneficiaries may also receive compensation.
Get In Touch Today
If you’ve lost a loved one due to someone else’s negligence, Jackson & Associates Law Firm, LLC, is here to help. Call 301-264-7082 or use our online contact form to schedule a consultation today. We’re ready to provide the support you need during this difficult time and help you seek the justice your family deserves.