Maryland Wrongful Death Settlement Calculator
Md. Code Ann., Cts. & Jud. Proc. §3-904(g) — 3 years from the date of death, with narrow exceptions for occupational-disease deaths and concealed-homicide cases. No statutory cap on contingency fees, only a reasonableness standard.
How much is a Maryland wrongful death settlement worth? This review did not verify settlement-value data for Maryland, so no figure is given here. What is established: the 3-year filing deadline under Cts. & Jud. Proc. §3-904(g), the rule that primary beneficiaries sue for their own benefit as a defined statutory class, and the absence of any statutory cap on attorney contingency fees.
⚖ Cts. & Jud. Proc. §3-904(g): 3 years from the date of death. Claims against a local government need separate written notice within 1 year of the injury — a much shorter, independent deadline.
Su lesión
Su Acuerdo Estimado
$36,000 — $66,000
Dolor y sufrimiento = $15,000 en facturas médicas × multiplicador de gravedad de 3.0. Sus facturas ya están incluidas en esa cifra, por lo que no se suman de nuevo.
What you'd actually take home
- Estimated settlement
- $51,000
- Attorney fee (33–40%)
- −$17,000 to −$20,400
- Roughly yours
- $30,600 – $34,000
Not included: case costs (court filing, expert witnesses, medical records) and any medical liens or health-insurance reimbursement. Those come out of your share too, so treat the figure above as an upper bound.
Keep this estimate — it is gone when you close the tab.
Revisado Editorialmente — Contenido revisado en cuanto a exactitud utilizando investigación legal publicada, datos gubernamentales y registros judiciales verificados. Vea nuestra metodología
Reviewed by Leonard Goldberg, Editor · Last updated
Maryland Wrongful Death — Filing Deadline and Who May Sue
Under Md. Code Ann., Cts. & Jud. Proc. §3-904(g), a Maryland wrongful death action generally must be filed within three years after the death of the injured person, not three years after the incident that caused the death. The statute states it directly: "Except as provided in paragraph (2) or (3) of this subsection, an action under this subtitle shall be filed within three years after the death of the injured person." Two narrow exceptions adjust that clock: occupational-disease deaths, and deaths involving a concealed homicide or wrongdoer — both covered in the FAQs below.
A separate and much shorter deadline applies to claims against a Maryland local government. Under the Local Government Tort Claims Act, Md. Code Ann., Cts. & Jud. Proc. §5-304, written notice of the claim — stating the time, place, and cause of the injury — must be given within only 1 year after the injury. This notice period runs independently of, and expires far earlier than, the 3-year wrongful-death filing deadline. Missing it can bar the claim even while the 3-year window is still open, though a court may excuse noncompliance if the government was not prejudiced or already had actual or constructive knowledge of the claim.
Maryland wrongful death actions are brought for the benefit of primary beneficiaries — the decedent's spouse, parent(s), and child(ren) — who sue as a defined statutory class in their own right, not merely through an estate representative. The statute states: "an action under this subtitle shall be for the benefit of the wife, husband, parent, and child of the deceased person." If no primary beneficiary qualifies, the action passes to any blood or marriage relative who was substantially dependent on the decedent. On attorney fees, Maryland sets no statutory cap on contingency fees; the governing standard is reasonableness under Md. Rule 19-301.5(a). A commonly repeated claim of a sliding 40/33/25/15% scale for medical malpractice fees does not appear in any current Maryland statute — there is no §3-2A-07A in the Maryland Code.
Maryland Wrongful Death FAQs
How long do I have to file a wrongful death claim in Maryland?
Generally three years after the date of death, under Cts. & Jud. Proc. §3-904(g) — not three years after the incident that caused the death. Two narrow exceptions can extend or delay that clock; see below.
Is the deadline different if the death was caused by a Maryland local government?
Yes, and it is much shorter. Under the Local Government Tort Claims Act, §5-304, written notice stating the time, place, and cause of the injury must be filed within only 1 year after the injury. This runs separately from, and expires long before, the 3-year wrongful-death deadline, and missing it can bar the claim outright.
Who can file a wrongful death claim in Maryland?
Primary beneficiaries — the decedent's spouse, parent(s), and child(ren) — sue for their own benefit as a defined statutory class under §3-904(a)-(b). If none qualifies, the right passes to a dependent blood or marriage relative.
How much is a Maryland wrongful death settlement worth?
This review did not verify settlement-value data for Maryland, so no figure is given here. Value depends on facts this review did not independently confirm, such as the decedent's earning capacity and the beneficiaries' losses.
Is there a cap on attorney contingency fees in a Maryland wrongful death case?
No statutory percentage cap. The governing standard is reasonableness under Md. Rule 19-301.5(a). A widely repeated claim of a 40/33/25/15% sliding scale for medical malpractice fees is not found in any current Maryland statute.
Does the 3-year deadline run from the injury or from the death?
From the death. Under §3-904(g), the 3-year period runs from the date of death, not from the date of the underlying incident.
What happens if the cause of death or the wrongdoer's identity was hidden from me?
Where the death arose from conduct that would amount to criminal homicide and an adverse party or accomplice concealed the cause of action or the wrongdoer's identity, the 3-year clock does not begin until the claimant discovered, or should have discovered through ordinary diligence, the homicide and the wrongdoer's identity.
Does an occupational disease death follow the same 3-year deadline?
No. For deaths caused by an occupational disease, the action must be filed within 10 years of the death or 3 years from when the cause of death was discovered, whichever period is shorter.
Related
Wrongful Death Calculators by State
Wrongful-death damages, caps, and who can file vary by state:
Other Calculators for Maryland
Each Maryland calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses Maryland verdict data where available.