Losing someone because of another person’s negligence can leave you angry and overwhelmed. You may believe the facts clearly show who caused the death. You may also expect the responsible party to accept blame.
In reality, defendants rarely admit fault in a Maryland wrongful death case. They often raise legal defenses to limit or avoid liability. Understanding these tactics can help you prepare for what lies ahead.
Why liability is often contested in Maryland
You face a strict legal framework in Maryland. If your loved one acted negligently and that conduct contributed to the fatal injuries, the court can bar recovery. Even if your loved one was only 1% at fault, you cannot recover damages. This rule plays a central role in wrongful death litigation.
In some cases, Maryland allows recovery under the “last clear chance” doctrine if the defendant had a new opportunity to prevent the harm and failed to do so. However, this is a narrow, fact-specific exception that does not automatically replace contributory negligence.
Maryland law also limits who may file a wrongful death claim. This means only specific family members, like the spouse, children or parents, qualify as beneficiaries. The state also caps noneconomic damages depending on the type of case, which affects claims for grief, emotional pain and loss of companionship.
How defendants try to limit financial exposure
You should expect the defense to focus on reducing financial exposure. Defense lawyers often use several arguments at the same time. Common strategies include:
- Claiming your loved one acted negligently and caused or contributed to the incident
- Arguing that your loved one knew of a specific danger, understood and voluntarily accepted the risk before the fatal event
- Disputing medical causation and blaming a preexisting condition or separate health issue
- Challenging the value of lost income and noneconomic damages under Maryland’s statutory cap
These defenses aim to shift blame or shrink the value of your claim. The defense may even hire professionals to support these arguments. You should not mistake these tactics for proof that your case lacks merit.
Holding firm when the defense shifts blame
You may feel anger when the defense criticizes the person you lost. That reaction is natural.
However, Maryland law still gives you the right to seek accountability. You can pursue a wrongful death claim in Prince George’s County and demand that a court review the evidence. Legal counsel may also help confront these defenses and present your case with strength and clarity.