Hundreds of Millions of Dollars Have Been Recovered for Personal Injury and Wrongful Death Victims
Published by the Team at The Killino Firm
Losing someone you love is devastating. When that loss happens because another person, company, or institution was careless — and the death could have been prevented — the grief does not just hurt. It also comes with a weight of unanswered questions.
Was someone responsible? Can we hold them accountable? What are our rights under Maryland law?
These are the questions our team handles every day at The Killino Firm. You deserve straightforward answers during this difficult time. Learn the realities of Maryland wrongful death law, what your family is legally entitled to recover, and how to move forward.
Before reading further, here is what Maryland families dealing with a wrongful death situation most need to know:
A wrongful death occurs when a person dies because of the negligent, reckless, or wrongful act of another party, including an intentional action such as assault or battery, and when that person, had they survived, would have had the right to file a personal injury lawsuit. A wrongful death claim is a civil lawsuit brought by the family of an individual who died due to negligence, seeking financial liability and accountability.
Maryland’s wrongful death statute, codified at Md. Courts and Judicial Proceedings § 3-904 was created specifically to ensure that the families of people killed through someone else’s wrongful conduct are not left without legal recourse. Maryland also has a strict statutory framework governing these cases. The statute recognizes that death is not just a tragedy — it is a harm with real, measurable financial and emotional consequences for those left behind.
To successfully bring a wrongful death claim in Maryland, four legal elements must be established:
Duty of care — the defendant owed a duty to act reasonably toward the deceased
Breach — the defendant breached that duty through negligent, reckless, or intentional conduct
Causation — that breach directly caused the death
Damages — surviving family members suffered real losses reflecting the losses suffered as a result
This civil action focuses on financial liability and accountability, and a wrongful death claim must show the defendant is legally liable for the person’s death and prove negligence or wrongful actions that caused it.
These are the same four elements required in any negligence case. What makes a wrongful death claim distinct is that the person who suffered the harm is no longer alive to bring the claim — so the law gives that right to their surviving family members instead.
Under MD Code 3-904(a)(1), the Maryland Wrongful Death Act classifies beneficiaries as primary or secondary.
Primary Beneficiaries (highest priority):
Only a deceased person’s spouse, children, or parents can file as primary beneficiaries, and Maryland allows wrongful death claims for spouses, parents, or children.
Secondary Beneficiaries (may file only if no primary beneficiary exists):
This is a meaningful distinction. If a spouse, child, or parent exists and chooses to bring a claim, secondary beneficiaries typically cannot pursue an independent recovery. Secondary beneficiaries — siblings, grandparents, extended family members — may bring a claim only when no spouse, child, or parent is available to do so, and only if they substantially relied on the deceased for support, with the distribution potentially considering whether someone was emotionally as well as financially dependent. Anyone related by blood or marriage may sue only if no primary beneficiary exists and they were substantially dependent on the deceased.
One thing that surprises many families: a wrongful death claim is legally independent from any personal injury claim the deceased person might have filed. This means a wrongful death action can still be brought within three years of the death, even in circumstances where the decedent’s own personal injury claim would have been time-barred. Parents cannot sue for their child’s wrongful death if they were responsible for the death.
Time can be the most critical pressure point in any wrongful death case. Under Md. Courts and Judicial Proceedings § 3-904(g)(1), a wrongful death action must be filed within three years of the date of the person’s death. This is an absolute deadline in most circumstances — if the claim is not filed in time, the family may permanently lose its legal right to pursue compensation.
There are narrow exceptions worth knowing about:
These exceptions are narrow and fact-specific. Do not assume they apply to your situation without speaking with an attorney. The safest approach — always — is to contact our team at The Killino Firm as soon as possible after a loved one’s death, even if the three-year deadline feels distant. Evidence disappears. Witnesses’ memories fade. Medical records can be lost or modified. Families that act quickly almost always have stronger cases than those that wait.
Maryland law allows surviving family members to recover both economic and non-economic losses in a wrongful death claim.
Economic damages in Maryland wrongful death claims include monetary losses such as funeral costs and lost income (Fact 1).
These damages are meant to compensate families for the financial losses suffered after a loved one’s death.
In Maryland, the statutory cap on non-economic damages (compensation for pain, suffering, grief, and loss of companionship) depends on the type of case and the exact date the injury or death occurred.
Because Maryland law mandates annual increases, here are the exact non-economic damage caps for 2026:
By statute, the general non-economic damages cap increases by $15,000 every year on October 1st.
Medical malpractice cases are governed by a different, lower statutory cap that increases by $15,000 every year on January 1st.
Important Note: In Maryland, these statutory caps strictly apply to non-economic damages. There is no cap on economic damages, meaning victims can still recover unlimited amounts for past and future medical bills, lost wages, and loss of future earning capacity.
Punitive damages are rarely available in wrongful death cases in Maryland. They require clear evidence that the defendant acted with actual malice or an extraordinary degree of willful and wanton disregard for human safety. They are possible in egregious cases — such as drunk driving deaths where the driver had multiple prior DUI convictions — but they are the exception, not the rule.
Wrongful death claims arise in many different situations. Our team at The Killino Firm includes wrongful death lawyers who have represented families of individuals who died due to negligence after fatal crashes caused by negligent actions such as speeding, drunk driving, or distraction.
Traffic crashes are the most frequent source of wrongful death claims in Maryland. The numbers are sobering:
Common scenarios include speeding, drunk driving, distracted driving, commercial truck negligence, and rideshare accidents. Our team handles fatal car accident cases throughout Maryland and has done so for many years.
Medical errors kill far more Americans than most people realize. Medical errors cause an estimated 251,000 fatalities annually in the United States — making it the third leading cause of death behind heart disease and cancer. (Johns Hopkins University study, as cited by multiple sources including Garau Germano, P.C., 2024)
In Maryland specifically:
Medical malpractice wrongful death cases in Maryland can be complex — they require expert medical testimony, an understanding of hospital protocols, and a team capable of taking on large healthcare institutions. Our attorneys have that experience. Learn more about our medical malpractice team.
Birth injuries that lead to the death of a newborn, infant, or mother represent some of the most painful wrongful death cases we handle. These cases involve the same legal framework as other medical malpractice claims but require specific knowledge of obstetrical standards of care, neonatal medicine, and the unique evidentiary demands these cases present.
When a delivery goes tragically wrong due to a failure to monitor fetal distress, improper use of delivery instruments, or a failure to perform a timely C-section, families deserve answers — and accountability. Our team has handled birth injury and infant death cases throughout Maryland and across the country.
Workplace fatalities in Maryland occur most frequently in the construction, transportation, and manufacturing sectors. Falls from heights, equipment failures, electrocutions, and being struck by objects on construction sites are among the most common causes of fatal workplace injuries.
When a worker is killed on a job site due to an employer’s failure to follow OSHA safety standards, a defective piece of equipment, or the negligence of a third-party contractor, surviving family members may have both workers’ compensation claims and independent wrongful death claims available to them. Our team evaluates both paths and pursues the strategy that best protects your family’s financial future.
When a dangerous or defective product — a vehicle with a faulty airbag, a medical device that fails, a consumer product that causes a fatal fire — kills a Maryland resident, the manufacturer, distributor, and retailer may all be held liable. Product liability wrongful death cases can be complex because they often involve national corporations, multiple defendants, and highly technical evidence.
When someone is killed on another person’s property due to unsafe conditions — a broken staircase, inadequate security at an apartment complex or parking garage, a swimming pool without proper fencing — the property owner may be legally liable. Maryland premises liability law requires property owners to maintain reasonably safe conditions for visitors. When they fail to do so, identifying all liable parties, which may include owners, managers, or security contractors, is important because that failure can result in death and support a wrongful death claim.
Wrongful death cases occur throughout Maryland, but the data points to specific counties and regions with disproportionately high rates of fatal incidents, and our firm helps families in Baltimore, Glen Burnie, and Owings Mills. For easier comparison, here is a summary of county-specific data:
| County/Region | Key Data Points |
|---|---|
| Baltimore City | Highest concentration of fatal incidents (traffic, workplace, violent crime) |
| Baltimore County | ~64 fatal traffic accidents/year; ~12.9% of all fatal crashes in the state |
| Prince George’s County | Highest number of fatal traffic accidents; leads the state in pedestrian fatality concentration |
| Montgomery County | High numbers of traffic fatalities and medical malpractice claims, the largest population |
| Anne Arundel County | Part of the six-county core with the highest pedestrian fatality rates |
| Harford & Howard Counties | Included in the six-county core with the highest pedestrian fatality rates |
| Southern MD & Eastern Shore | Cecil, Charles, St. Mary’s, Worcester: Disproportionate fatal crash rates, more severe collisions |
These six counties (Anne Arundel, Baltimore, Harford, Howard, Montgomery, and Prince George’s) represent the core geographic zone of highest wrongful death risk in Maryland. Rural counties like Cecil, Charles, St. Mary’s, and Worcester have fewer total crashes but higher fatality rates due to road conditions and emergency response times.
Here is the updated courts section with the federal court addition woven in naturally:
Wrongful death cases in Maryland are civil actions filed in the Circuit Courts — Maryland’s courts of general jurisdiction for major civil cases. Each of Maryland’s 23 counties and Baltimore City has its own Circuit Court. Cases are typically filed in the county where the death occurred or where the defendant resides or does business.
Here are the most frequently involved courts for Maryland wrongful death cases:
Baltimore City Circuit Court handles more wrongful death cases than any other court in Maryland, reflecting the city’s volume of fatal accidents, medical malpractice events, and workplace incidents. This court sits in the Clarence M. Mitchell Jr. Courthouse in downtown Baltimore.
Baltimore County’s Circuit Court in Towson handles the second-highest volume of civil cases in the state and frequently sees wrongful death matters arising from the county’s major roadways and medical facilities.
The Circuit Court for Prince George’s County, part of Maryland’s Seventh Judicial Circuit, handles civil and criminal jury trials, family matters, and appeals from the District Court. Given Prince George’s County’s status as the state’s highest-volume county for fatal crashes, this court sees a significant number of wrongful death filings each year.
Maryland’s most populous county, Montgomery County’s Circuit Court in Rockville handles a high volume of civil litigation. Medical malpractice wrongful death cases involving the county’s major hospital systems — Holy Cross, Shady Grove Medical Center, and others — are frequently filed here.
Located in Maryland’s capital city, the Anne Arundel County Circuit Court handles wrongful death cases arising from the county’s busy roadways, including Route 2, Route 3, and the Baltimore-Annapolis corridor.
All Maryland Circuit Courts are part of the statewide court system. A full directory of all circuit and district courts is available at mdcourts.gov/courtsdirectory.
Most Maryland wrongful death cases are filed in the state Circuit Court. But federal court is the right venue in certain circumstances — and understanding when that is the case matters, because the choice of court affects procedure, timelines, and in some situations, outcome.
The two primary reasons a Maryland wrongful death case ends up in federal court:
Federal courts have jurisdiction over civil cases between parties from different states when the amount in controversy exceeds $75,000 — a standard known as diversity jurisdiction under 28 U.S.C. § 1332.
In a wrongful death context, this commonly arises when:
When diversity exists, and the damages threshold is met — which it almost always is in wrongful death cases — either side may have the option to file in or remove the case to federal court. Defense attorneys for large corporations frequently prefer federal court, which is why understanding this distinction matters from day one of case strategy.
Federal courts also have jurisdiction when the case involves a claim arising under federal law — regardless of where the parties are from. In the wrongful death context, federal question jurisdiction most commonly arises when:
Maryland wrongful death cases filed in federal court are heard in the United States District Court for the District of Maryland, which has two courthouse locations:
The Greenbelt courthouse primarily serves cases arising in the Maryland suburbs — Prince George’s County, Montgomery County, Charles County, and the surrounding areas. The Baltimore courthouse handles cases arising in Baltimore City, Baltimore County, and most of northern and western Maryland.
Several things shift when a Maryland wrongful death case is in federal court rather than state Circuit Court:
The decision about which court to file in — and how to respond if a defendant attempts to remove a state-court filing to federal court — is one of the early strategic decisions in any wrongful death case involving out-of-state defendants or federal-law claims. Our team at The Killino Firm evaluates jurisdiction and venue at the very beginning of every case and makes decisions that reflect the best strategy for your family’s specific situation.
Maryland is one of only a few states in the country that still applies the old common-law doctrine of pure contributory negligence. Under this rule, if a court or jury finds that the deceased person was even 1% responsible for the accident or event that caused their death, the family may be completely barred from recovering any damages at all.
This is dramatically different from the “comparative fault” system used in most states, where a plaintiff’s recovery is simply reduced proportionally to their share of fault.
In Maryland, contributory negligence is a complete defense. Defense attorneys in wrongful death cases regularly attempt to find any basis — no matter how small — to argue that the deceased person contributed to the accident. This underscores the importance of quality legal representation, as Maryland law requires strict adherence to procedural rules, and navigating this environment is crucial.
The families who successfully navigate Maryland’s contributory negligence rule do so because their legal team:
Skilled wrongful death attorneys can help maximize compensation by navigating Maryland’s complex rules and defenses.
Our team at The Killino Firm can navigate Maryland’s contributory negligence framework on behalf of families across the country. It is a difficult legal environment — but it is not insurmountable when the right team is building the case from day one.
The days right after losing a loved one are incredibly hard. You are grieving, but the choices you make right now will deeply affect your case. Acting quickly protects the proof you need to get justice. Here is exactly what our team tells families to do:
Reach out to The Killino Firm today for a free, completely private consultation to understand your family’s rights.
Beyond the legal process, grief is real, and the need for support is real. Here are some of the best resources available to Maryland families dealing with loss:
Most major Maryland hospital systems — Johns Hopkins, University of Maryland Medical System, MedStar Health, Mercy Medical Center — offer bereavement counseling and grief support through their social work and chaplaincy departments. Ask the hospital’s social work team for a referral.
Our team at The Killino Firm does not just handle the legal side of wrongful death cases. We understand that the people who come to us are in tremendous pain. We treat every family with the compassion and respect they deserve — always.
When facing the devastating loss of a loved one, choosing the right legal representation is one of the most important decisions your family will make. The question families often ask is: Who is truly prepared to handle a case like mine? At The Killino Firm, our nationwide team of experienced wrongful death attorneys has the resources, dedication, and skill required to take on these complex cases.
The attorney you choose matters more than you might realize. Wrongful death litigation in Maryland is uniquely demanding. Because Maryland operates under a strict contributory negligence rule, cases must be built with absolute precision and completeness; if the defense can prove your loved one was even slightly at fault, it can ruin your claim. Furthermore, the opponents in these cases—powerful insurance companies, large hospital systems, and well-funded corporations—are aggressive. They do not hand out fair settlements out of generosity.
Our team at The Killino Firm brings genuine depth of experience to wrongful death cases across the country. We are committed to supporting families through tragic losses while aggressively pursuing justice and maximum financial compensation.
Take the First Step Toward Justice Contact our team today to discuss your situation. There is no obligation to hire us. We will listen to your story, answer your questions honestly, explain your legal options, and help your family work toward closure and accountability after a tragic loss.
For over 25 years, grieving families have trusted the nationally recognized attorneys at The Killino Firm to pursue complex wrongful death claims. As a dedicated team, we balance a compassionate approach to your family’s loss with an aggressive litigation strategy—a combination that has successfully secured hundreds of millions of dollars in financial recovery for our clients. We are committed to holding negligent parties fully accountable, giving you the time and space you need to focus on honoring your loved one.
A viable wrongful death claim requires four things: the defendant had a duty to act with reasonable care toward your loved one; the defendant breached that duty; the breach directly caused the death; and surviving family members suffered real damages as a result. Surviving relatives must also be able to prove the losses suffered by the family. Whether your situation meets these elements is something our team evaluates during a free consultation. Not every tragic death becomes a legal case — but many deaths that families assume were accidents do involve provable negligence. We will give you an honest assessment when you speak with us. Start here.
The statute of limitations for wrongful death cases in Maryland is three years from the date of death, under Md. Courts and Judicial Proceedings § 3-904(g)(1). If you miss this deadline, you may permanently lose the right to sue — with very limited exceptions. Do not wait to find the best attorneys near you. Contact our team as early as possible, even if the deadline feels far away. Evidence and witness memory are time-sensitive in ways that the legal deadline is not.
In most cases, compensation comes from the defendant’s insurance policy — the at-fault driver’s auto insurance, a hospital’s medical malpractice insurance, a company’s general liability policy, or a product manufacturer’s insurance coverage. In some cases, particularly involving uninsured motorists, multiple defendants, or deep-pocket institutions, our team identifies all available sources of compensation and pursues all liable parties. You are not typically collecting directly from an individual person’s personal assets — you are recovering from insurance coverage that exists specifically to pay these claims.
There is no single average that applies across all case types. Traffic fatality cases vary enormously based on the deceased person’s earnings, age, dependents, the severity of the defendant’s conduct, and the available insurance coverage. Some cases settle for hundreds of thousands of dollars; others — particularly those involving high earners, young parents, or egregious conduct — result in multi-million-dollar recoveries. Our team evaluates the specific facts of your case during a free consultation rather than giving you a generic estimate that may not reflect your actual situation. An early settlement offer may undervalue the claim.
This is where Maryland’s contributory negligence rule creates serious challenges. If a court finds that the deceased person was even 1% at fault for the accident, the family’s entire wrongful death recovery can be barred under Maryland law. This is one of the harshest negligence rules in the country and one of the most important reasons why how your case is built — from the very beginning — matters enormously. Our team anticipates and directly counters contributory negligence arguments through aggressive early investigation and evidence preservation. Contact us before speaking to anyone else about the case.
Maryland law allows two related but distinct claims when someone dies due to another’s negligence. A wrongful death claim belongs to the surviving family members — it compensates them for their own losses (grief, emotional suffering, lost income they depended on, loss of companionship). A survival action belongs to the deceased person’s estate — it allows the estate to recover damages the deceased person would have been entitled to had they survived, including medical bills incurred before death and the deceased’s own pain and suffering. Both claims can often be filed simultaneously, and our team evaluates whether both are appropriate in your situation.
Yes — and this is a point that confuses many families. A wrongful death claim is a civil lawsuit, completely separate from any criminal prosecution. The criminal case is brought by the state to punish the defendant; the civil case is brought by your family to obtain compensation. A criminal conviction is helpful evidence in the civil case, but is not required. Criminal acquittal does not bar a civil wrongful death claim — the legal standards are completely different. You can pursue a civil wrongful death claim regardless of whether criminal charges were filed, are pending, or resulted in an acquittal.
Nothing upfront. Our team handles wrongful death cases on a contingency fee basis — meaning we only get paid if we recover compensation for your family. There are no hourly rates, no retainers, and no upfront costs. If we do not win your case, you owe us nothing. This arrangement ensures that every Maryland family — regardless of their financial situation — has access to experienced legal representation when they need it most. Call us or contact us online to discuss your case at no cost.
Yes. The Killino Firm handles wrongful death cases nationally, not just in Maryland. If your loved one died in another state, or if the defendant is located elsewhere, we can discuss which state’s law applies to your claim and whether our team is the right fit for your case. Our team has handled wrongful death matters in multiple states. Contact us for a free conversation about your situation, regardless of where the death occurred.
The best support for a Maryland wrongful death case starts with two things: a legal team with genuine experience in Maryland wrongful death law, and a community of grief support resources to help wrongful death victims’ families cope with the loss itself. On the legal side, look for a team that handles cases specifically like yours — not a general practice firm — and that has experience with Maryland’s contributory negligence rules and its specific circuit courts. On the grief and healing side, the resources listed in this page’s support section — including Compassionate Friends, MADD Maryland, Maryland 211, and hospital-based bereavement programs — offer the best starting points near you throughout the state. Our team at The Killino Firm is here for both dimensions of what your family is going through.
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In the aftermath of a wrongful death or catastrophic injury, particularly those involving babies and children, victims and their families are forced into the new “normal”. Their lives are often characterized by multiple facets of struggle; physical, medical and financial. The worry and stress can be unbearable. But, that is where the Killino Firm steps in.
Time and again for over two decades Jeffrey Killino has changed the lives of his clients and their families with recoveries that will provide for all future medical care and day to day needs. The Killino Firm clients are regularly purchasing new homes and vehicles; securing much needed medical care and assistance; and sleeping better at night know there are millions of dollars to take care of them for the rest of their lives.
Yes, the Killino Firm regularly secures multi-million dollar settlements and/or verdicts, however, we measure our true success in terms of how we change our clients’ lives. The Killino Firm is dedicated to its clients and their plight. After the cases are over, the Killino Firm stays involved and available to it’s clients as the journey continues.
At the Killino Firm we care about our clients and we care about our community, which is why from time to time when we uncover a hazard or danger with the potential to harm others, the Killino Firm takes action to alert the public and appropriate regulatory authorities.
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