Practice Area
Shulman Rogers represents families who have lost a loved one due to someone else’s negligence or wrongful conduct, across Maryland, DC, Virginia, and the country. No case can undo that loss, but a wrongful death claim can hold the responsible party accountable and provide for the family left behind. We act quickly to preserve evidence and identify every liable party, and we handle every wrongful death matter in-house.
We handle every case ourselves. No referrals, no outsourcing.
Losing a family member changes everything, and there is rarely time to think about legal deadlines in the immediate aftermath. But the evidence that proves how and why a death occurred, whether from a crash, a medical error, a defective product, or a dangerous property condition, needs to be preserved quickly, and each state puts its own firm time limit on when a claim can be filed.
From the moment your family calls us, we begin investigating what happened, identifying every party who may share responsibility, and building the case with the same care we would want for our own family.
Only certain family members can bring the claim, and who qualifies depends on the state. Under Maryland law, for example, a wrongful death claim generally belongs first to primary beneficiaries, the surviving spouse, children, and parents of the person who died. If any primary beneficiary is living, they hold the exclusive right to bring the claim. Only if there are no living primary beneficiaries can secondary beneficiaries, such as siblings or other relatives who were substantially dependent on the deceased, bring a claim. DC and Virginia have their own beneficiary structures. Understanding which state’s law applies, who it allows to bring the claim, and making sure every eligible family member’s interests are represented, takes careful attention from the start.
The claim is separate from the deceased’s own estate claim. A wrongful death claim compensates the surviving family for their own losses, including lost companionship, lost financial support, and loss of care and guidance. This is legally distinct from a survival action, which the deceased’s estate may bring for the pain, suffering, and losses the deceased experienced before death. Many cases involve both, and each has its own rules for who can recover and how damages are calculated.
The underlying cause of death still has to be proven. A wrongful death case is only as strong as the underlying claim, whether that is a car or trucking crash, medical malpractice, a defective product, or a dangerous property condition. That means the same investigation, evidence preservation, and expert analysis required in the underlying type of case still has to happen, on top of the wrongful death claim itself.
The statute of limitations generally runs from the date of death, not the date of the underlying incident, and the specific deadline depends on the state. In Maryland, a wrongful death claim generally must be filed within three years after the date of death, with an added limit of five years from the date of the malpractice in medical wrongful death cases. DC and Virginia apply their own deadlines. Confirming the correct jurisdiction and deadline early is critical, since missing either can end the case.
Military and veteran cases carry additional complexity. Claims involving VA hospitals and military treatment facilities follow the standard FTCA process, but claims involving active duty service members are generally barred by the Feres doctrine, a separate legal rule that limits when service members can sue the government for injuries related to their service.
The exact rules for who qualifies, and in what order, vary between Maryland, DC, and Virginia.
Our wrongful death attorneys represent families throughout Montgomery County, Prince George’s County, Howard County, Frederick County, Anne Arundel County, and Baltimore in Maryland, all DC neighborhoods and federal roadways, and Fairfax County, Arlington, Alexandria, Loudoun County, and Prince William County in Virginia. For serious cases in other states, we evaluate national matters and have litigated in multiple jurisdictions.
Past results do not guarantee future outcomes. The information on this page is for general informational purposes only and does not constitute legal advice. Shulman Rogers is licensed to practice law in Maryland, Washington DC, and Virginia. National representation is available for select matter types.
Karl Protil settled a wrongful death case for $1 million. A District of Columbia-area hospital failed to heed warning signs following minor surgery, when the patient became dizzy and short of breath.
In spite of this, the hospital failed to diagnose an impending pulmonary embolus. The patient sustained anoxic brain damage and died from her injuries.
Karl Protil settled a wrongful death case involving a one year delay in diagnosing lung cancer, securing $900,000 on behalf of the victim’s family. The family settled the wrongful death case prior to trial.
It depends on which state’s law applies. In Maryland, generally the surviving spouse, children, and parents of the deceased hold the exclusive right to file, if any are living. If there are no living primary beneficiaries, other relatives who were substantially dependent on the deceased may be eligible. DC and Virginia have their own beneficiary rules, and we determine which applies to your case.
Deadlines vary by state. In Maryland, it’s generally three years from the date of death, or five years from the date of the malpractice if the death resulted from medical malpractice, whichever comes first. DC and Virginia apply their own deadlines. Because the specific rule depends on which state’s law governs the claim, it’s worth having your case evaluated as soon as possible.
A wrongful death claim compensates the surviving family for their own losses, including lost companionship and financial support. A survival action, brought by the deceased’s estate, compensates for the pain, suffering, and losses the deceased experienced before death. Many cases involve both.
Depending on the case, surviving family members may be entitled to compensation for lost financial support, lost services, funeral and burial expenses, and the loss of care, guidance, and companionship. In egregious cases, punitive damages may also be available.
Maryland, DC, and Virginia all follow contributory negligence, one of the strictest standards in the country. If a court finds the deceased even partially at fault, it can affect the family’s ability to recover damages in any of these jurisdictions. The specific facts, and which state’s law applies, determine how the rule plays out in your case.
Wrongful death claim: A legal claim brought by surviving family members for their own losses resulting from a death caused by someone else’s negligence or wrongful conduct.
Survival action: A separate claim brought by the deceased’s estate for the pain, suffering, and losses the deceased experienced between the injury and death.
Primary beneficiaries: The surviving spouse, children, and parents of the deceased, who hold the exclusive right to bring a wrongful death claim if any are living. The specific rule varies by state.
Secondary beneficiaries: Other relatives who were substantially dependent on the deceased, eligible to bring a claim only if there are no living primary beneficiaries. The specific rule varies by state.
Personal representative: The person appointed to act on behalf of the deceased’s estate, who may file the wrongful death lawsuit on behalf of the statutory beneficiaries.
If you lost a loved one due to someone else’s negligence, contact us. Your first consultation is free. We advance all costs. You pay nothing unless we win.
