A Death Somebody Caused
Cts. & Jud. Proc. § 3-904 — spouse, parent and child, one action, within three years
In Maryland, an action may be maintained against a person whose wrongful act causes the death of another. A wrongful act is an act, neglect or default, including a felonious act, that would have let the injured person sue had death not followed.
For whom. The action is for the benefit of the wife, husband, parent and child of the deceased. If there is none, it is for any person related by blood or marriage who was substantially dependent on the deceased.
More than lost money. For the death of a spouse, a minor child, the parent of a minor child, or certain unmarried adult children, damages may include mental anguish, emotional pain and suffering, and loss of society, companionship, comfort, protection, care, attention, advice, counsel, training, guidance or education.
One action, three years. Only one action lies for the death of a person, and it is filed within three years after the death; an occupational disease and a concealed homicide have their own timing.
Shares. Damages are proportioned to the injury resulting from the death and divided among the beneficiaries in the shares the verdict directs.
| The question | The statute's answer |
|---|---|
| The questionWho benefits | The statute's answerWife, husband, parent and child, or if none, a relative substantially dependent on the deceased |
| The questionHow many actions | The statute's answerOnly one action for the death of a person |
| The questionHow long | The statute's answerThree years after the death, with exceptions for occupational disease and a concealed homicide |
Caps on noneconomic damages, the separate survival action and a parent's disqualification are not all on this page. Whether a particular death gives rise to an action, and who should bring it, are questions for a licensed Maryland attorney.
Sources for this section (3)
- Md. Code, Cts. & Jud. Proc. § 3-902 — Wrongful death: who is liable
- Md. Code, Cts. & Jud. Proc. § 3-904 — Wrongful death: beneficiaries, damages and time to file
- Md. Code, Cts. & Jud. Proc. § 3-901 — Wrongful death: definitions
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maryland attorney.