Maximum Recovery in Maryland For Wrongful Death Caused By Non–Medical Malpractice (Excluding Economic Damages)

For claims arising after January 1, 2010 in Maryland, if there is only one wrongful death beneficiary (i.e., a man with a wife but no children dies), and the negligence that caused the death is not related to medical malpractice, the maximum non–economic recovery for that accident is $1,480,000 ($740,000 for the survival action brought by the decedent's personal representative and $740,000 for the wrongful death action brought by the wife). If there are 2 or more wrongful death beneficiaries under the same set of circumstances, however, the maximum non–economic recovery is $1,850,000 ($740,000 for the survival action and $1,110,000 for the wrongful death action).

For claims arising after January 1, 2011 in Maryland, if there is only one wrongful death beneficiary (i.e., a man with a wife but no children dies), and the negligence that caused the death is not related to medical malpractice, the maximum non–economic recovery for that accident is $1,510,000 ($755,000 for the survival action brought by the decedent's personal representative and $755,000 for the wrongful death action brought by the wife). If there are 2 or more wrongful death beneficiaries under the same set of circumstances, however, the maximum non–economic recovery is $1,887,500 ($755,000 for the survival action and $1,132,500 for the wrongful death action).

For claims arising after January 1, 2012 in Maryland, if there is only one wrongful death beneficiary (i.e., a man with a wife but no children dies), and the negligence that caused the death is not related to medical malpractice, the maximum non–economic recovery for that accident is $1,540,000 ($770,000 for the survival action brought by the decedent's personal representative and $770,000 for the wrongful death action brought by the wife). If there are 2 or more wrongful death beneficiaries under the same set of circumstances, however, the maximum non–economic recovery is $1,925,000 ($770,000 for the survival action and $1,155,000 for the wrongful death action).

For claims arising after January 1, 2013 in Maryland, if there is only one wrongful death beneficiary (i.e., a man with a wife but no children dies), and the negligence that caused the death is not related to medical malpractice, the maximum non–economic recovery for that accident is $1,570,000 ($785,000 for the survival action brought by the decedent's personal representative and $785,000 for the wrongful death action brought by the wife). If there are 2 or more wrongful death beneficiaries under the same set of circumstances, however, the maximum non–economic recovery is $1,962,500 ($785,000 for the survival action and $1,177,500 for the wrongful death action).

Two additional points are important. First, for claims that arise earlier than January 1, 2010, other caps apply. Second, the reader is reminded that these caps are for non–economic damages only, therefore any applicable economic damages may be added to these sums for a complete assessment of any damages that result from the alleged negligence.  Economic damages include things such as past medical expenses, future medical expenses, past lost wages, future lost earnings, future lost benefits, and other out of pocket expenditures.