Maryland · Wrongful death · Updated
Wrongful death cases in Maryland: the rules and the lawyers
The deadline to file, the fault rule and the other Maryland rules that matter for a wrongful death case, each with the law it comes from. This is general information, not advice about your case.
We don’t list firms in Maryland that take wrongful death cases yet.
At a glance
Checked 6 Nov 2026 · Not legal advice
Deadline to file
3 years after death
In Maryland, a wrongful-death action must be filed within three years after the death of the injured person1.
That is the deadline for wrongful death cases.
If you were partly at fault
Contributory
In Maryland, if your own carelessness helped cause the injury, you can be barred from recovering anything.
Firms we list
0 firms
None yet for wrongful death cases.
Know this first
Step 1: Your deadline to file in court
We don’t show Maryland’s deadline here until we have checked it against the official text. Ask a lawyer, or each firm you call, which deadline applies to you.
When the clock starts, and whether an exception applies, can depend on the facts. A lawyer can tell you your exact date.
If a family member died
Step 2: If someone died
A claim for a death can have its own deadline, and it may start on a different day. Here is the rule as the research found it.
The law, as written
Wrongful death3 years after death
In Maryland, a wrongful-death action must be filed within three years after the death of the injured person1.
If a government body was involved
Step 3: Claims against the state or a local government
If a government vehicle, government property or a public employee was part of what happened, a shorter notice or claim step may come first. Ask a lawyer about it early.
The law, as written
Claims against the State (Maryland Tort Claims Act)1-year claim; 3-year suit
Under the Maryland Tort Claims Act, a claimant must submit a written claim to the State Treasurer or the Treasurer's designee within one year after the injury, the Treasurer must finally deny the claim, and the action must be filed within three years after the cause of action arises2.
Claims against local governments (LGTCA)1-year notice
Under Maryland's Local Government Tort Claims Act, an action for unliquidated damages against a local government or its employees may not be brought unless written notice of the claim, stating the time, place and cause of the injury, is given within one year after the injury3. Notice goes in person or by certified mail, return receipt requested, to the official the statute names for that county or city3.
How fault is counted
Step 4: If you were partly at fault
Contributory
In Maryland, if your own carelessness helped cause the injury, you can be barred from recovering anything.
Maryland still applies contributory negligence: a plaintiff whose own negligence contributed to the injury cannot recover.
The law, as written
Fault modelContributory
In Maryland, contributory negligence remains the common-law rule; the Court of Appeals held that although it has the authority to change it, it declined to abrogate “Maryland's long-established common law principle of contributory negligence”4.
If they were a minor
Step 5: If the injured person is a child
The clock can run differently for a child’s claim.
The law, as written
Minors and incompetentsLesser of 3 years or the period, after disability ends
In Maryland, when a cause of action accrues to a minor or mental incompetent, the action must be filed within the lesser of three years or the applicable limitations period after the disability is removed5.
Next
Step 6: What to do with this
- Write down the datesThe day you were hurt, the day treatment ended, and anything a government body or hospital sent you.
- Ask a lawyer about your factsThese rules have exceptions that depend on details. A lawyer licensed in Maryland can tell you which ones apply.
- Ask each firmWhich deadline applies to me, does a notice need to go out, and by when?
More Maryland rules
This page keeps to the rules that matter most for a wrongful death case. The Maryland page has all of them.
Injured in Maryland: all deadlines and rules
Other case types in Maryland:
After a wrongful death: the general guide
If someone in your family died because of another person’s carelessness: what a wrongful-death claim is, who can bring it, how it differs from a survival claim, getting records, and the deadline.
How to check a lawyer’s license in Maryland
Each state keeps a public list of lawyers. Before you hire anyone, look the lawyer up by name and read what the listing says about their license. If it isn’t clear, call the office that keeps the list.
How we list firms
How we list firms
We don’t rank firms. Listing is free and doesn’t depend on buying anything.
Firms are listed for free, in A–Z order, when they say they take wrongful death cases. Every fact shows its source and date. We don’t recommend lawyers, and we don’t pass on your details.
Sources
Where the legal facts on this page come from
- Md. Code Ann., Cts. & Jud. Proc. § 3-904Read the source: Md. Code Ann., Cts. & Jud. Proc. § 3-904
- Md. Code Ann., State Gov't § 12-106 (Maryland Tort Claims Act)Read the source: Md. Code Ann., State Gov't § 12-106 (Maryland Tort Claims Act)
- Md. Code Ann., Cts. & Jud. Proc. § 5-304 (Local Government Tort Claims Act)Read the source: Md. Code Ann., Cts. & Jud. Proc. § 5-304 (Local Government Tort Claims Act)
- Coleman v. Soccer Ass'n of Columbia, 432 Md. 679, 69 A.3d 1149 (2013)Read the source: Coleman v. Soccer Ass'n of Columbia, 432 Md. 679, 69 A.3d 1149 (2013)
- Md. Code Ann., Cts. & Jud. Proc. § 5-201Read the source: Md. Code Ann., Cts. & Jud. Proc. § 5-201
This is general information, not legal advice.