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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?

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.

Wrongful death basics

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 to choose an injury lawyer

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.

How we list firms

Sources

Where the legal facts on this page come from

  1. Md. Code Ann., Cts. & Jud. Proc. § 3-904Maryland General Assembly (official; host blocked from this session — located via search excerpts; Annotated Code of Maryland as published on mgaleg.maryland.gov, 2026) · read 6 Nov 2026Read the source: Md. Code Ann., Cts. & Jud. Proc. § 3-904
  2. Md. Code Ann., State Gov't § 12-106 (Maryland Tort Claims Act)Maryland General Assembly (official; host blocked from this session — located via search excerpts; Annotated Code of Maryland as published on mgaleg.maryland.gov, 2026) · read 6 Nov 2026Read the source: Md. Code Ann., State Gov't § 12-106 (Maryland Tort Claims Act)
  3. Md. Code Ann., Cts. & Jud. Proc. § 5-304 (Local Government Tort Claims Act)Maryland General Assembly (official; host blocked from this session — located via search excerpts; Annotated Code of Maryland as published on mgaleg.maryland.gov, 2026) · read 6 Nov 2026Read the source: Md. Code Ann., Cts. & Jud. Proc. § 5-304 (Local Government Tort Claims Act)
  4. Coleman v. Soccer Ass'n of Columbia, 432 Md. 679, 69 A.3d 1149 (2013)Caselaw Access Project (static.case.law), read 2026-11-06 · read 6 Nov 2026Read the source: Coleman v. Soccer Ass'n of Columbia, 432 Md. 679, 69 A.3d 1149 (2013)
  5. Md. Code Ann., Cts. & Jud. Proc. § 5-201Maryland General Assembly (official; host blocked from this session — located via search excerpts; Annotated Code of Maryland as published on mgaleg.maryland.gov, 2026) · read 6 Nov 2026Read the source: Md. Code Ann., Cts. & Jud. Proc. § 5-201

This is general information, not legal advice.