When a fatal incident leads to criminal charges, your family may feel forced to wait for answers. That delay can be difficult when funeral costs, medical bills and questions about responsibility are already pressing. In Maryland, you can file a wrongful death lawsuit even while related charges are pending. However, the civil court can temporarily pause (stay) the lawsuit in some situations, such as when the defendant shows that moving forward could prejudice their criminal defense.
Why the civil case follows different rules
While the state seeks punishment, your civil claim focuses on the losses your family suffered. Maryland law specifies which family members are eligible to file these claims regardless of the criminal status.
A civil wrongful death claim does not require the same level of proof as a criminal conviction (guilt beyond a reasonable doubt). Instead, your case generally depends on whether the evidence makes it more probable than not that the other party’s actions caused the fatal harm.
Pending charges can still affect the timing of your civil claim. The defendant may ask the court to pause the civil case to avoid giving testimony that could affect their criminal defense.
Evidence from the criminal investigation may also matter later, including police reports, photos, videos, witness statements, toxicology results or expert findings. Some investigative materials may be unavailable while the prosecution is active, and access may depend on court orders, discovery rules or public-records exemptions.
Why waiting can put your claim at risk
In most Maryland wrongful death cases, the filing deadline is three years from the date of death. Still, some cases may have different deadlines or special rules. To avoid missing the deadline, confirm the applicable limitations period based on the facts surrounding the fatal incident.
Even if the criminal case is still moving forward, you can begin gathering records to support your claim, such as death certificates, medical bills, police reports and witness statements. Keeping these records organized helps document your losses while the evidence is fresh.
Protect your family’s civil options
A criminal case does not automatically decide the outcome of a wrongful death claim. By paying attention to the filing deadline, preserving records and understanding how the two cases interact, you can put your family in a stronger position while the state handles the prosecution.