Charles County, Maryland: Can I File a Wrongful Death Claim for Criminal Acts?

Yes. In Maryland, wrongful death claims are allowed by statute. See Md. Cts. and Jud. Proceedings, § 3-901 et seq. The statute specifically includes and envisions that a wrongful death recovery can be had either based on negligent conduct or conduct that is criminal in nature. The deadline for filing a Maryland wrongful death lawsuit is generally three years from the date of death. However, in some cases where criminal acts caused the death, the deadline does not start running if knowledge of a cause of action or the identity of a person whose wrongful act contributed to a homicide is kept from a party by the conduct of an adverse party or an accessory or accomplice of an adverse party. Md. Cts. and Jud. Proceedings, § 3-904(a)(3).

Note that a wrongful death action is a civil case, not a criminal case. Presumably, the person who committed the homicide will be prosecuted by the State of Maryland in the criminal courts and convicted. In addition to those criminal proceedings, the loved ones of the person killed have the right to sue — in civil courts — for wrongful death damages.

If a loved one has been killed by a person engaged in a crime here in Charles County, Maryland, contact the experienced Wrongful Death attorneys at the Law Office of Robert Castro. Our number is (301) 870-1200, and we have offices in Waldorf, Maryland. Here is additional information.

A wrongful death claim is one made by a family member on behalf of the family for their various losses because of the death. These include damages for loss of support, loss of companionship, loss of parental care, and more. Also, economic damages can be recovered for funeral expenses, medical expenses before the deceased person dies, and lost wages/earnings lost wages that the deceased person would have earned. Finally, where intentional criminal activity resulted in the killing, punitive damages can be recovered. While there are exceptions and nuances, generally, the members of the family who can bring a wrongful death claim are the surviving spouse, children, or parents. Only one wrongful death claim can be brought, and that claim is on behalf of all the family members.

To succeed, the family members of the person killed must prove the four legal elements of negligence: duty, breach, causation, and death. Unfortunately, if the person who committed the homicide is convicted, that conviction cannot be used to prove the necessary elements in a civil wrongful death case. R. of Evid., 609. However, there may be admissible evidence in the trial transcripts of the criminal case.

In any event, proving the elements of liability is not usually too difficult. For example, everyone in Maryland has a duty to be careful and not cause death to another. Any action or behavior that causes death is an obvious breach of that duty. Showing that death was caused by criminal behavior is also not difficult to prove in typical cases. Showing and proving the level of damages tends to be the most difficult part of a Maryland wrongful death case.

Contact Waldorf, MD Personal Injury Attorney Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland personal injury lawyer at (301) 870-1200. We are Waldorf, MD, Personal Injury lawyers. Our address is