When you have lost someone you love due to someone else’s negligence or wrongdoing, the pain, grief, and anger are overwhelming. In addition to your sorrow, you may be facing an uncertain future for yourself and your family. While nothing can put your life back together, the compensation from a wrongful death lawsuit can relieve the financial burden and give you some measure of justice, in many cases, the only justice available.
At Troxler & Troxler Law Firm, founding attorney Patrick D. Troxler, Esq., and partner Teneshia M. Troxler provide legal guidance to families throughout Waldorf and Southern Maryland. Patrick is a lifelong Waldorf resident known for making the legal process as stress-free as possible for working-class families. Teneshia brings a strong trial background and focuses her practice on personal injury claims, including auto accidents and premises liability. They offer steady, personal support to help you through one of the hardest moments of your life.
Damages in Wrongful Death and Survival Actions for Families in Waldorf & St. Charles, MD
In Maryland, a wrongful death suit benefits certain loved ones of the person who died, compensating them for losses they have suffered as a result of the person’s untimely death. The survival action pays out to the estate of the deceased in compensation for the harm to the person who died.
Wrongful death damages can include:
- Lost financial support
- The cost to replace lost services, such as childcare, home maintenance, and other services your loved one normally performed
- Your emotional pain and suffering
- Loss of society, companionship, comfort, protection, advice, care, and more
Survival action damages can include:
- Medical expenses of the deceased between the time of injury and time of death
- Lost wages between time of injury and time of death
- Property damage
- Funeral expenses
- Deceased’s non-economic damages, such as pain and suffering, between time of injury and time of death
- Punitive damages, if available
Common Situations That Lead to Wrongful Death Claims
These cases can arise from a wide range of circumstances. At Troxler & Troxler, we commonly represent families who have lost loved ones due to:
- Fatal car, truck, or motorcycle accidents caused by speeding, distracted driving, or impaired driving
- Medical negligence, such as failure to diagnose, surgical errors, or medication mistakes
- Dangerous property conditions, including slip and falls, fires, or negligent security incidents
Our team is experienced in thoroughly investigating these cases and fighting for the maximum compensation available under Maryland law.
How We Support Families Beyond the Lawsuit
Wrongful death cases are about more than financial recovery. Our firm takes steps to ease the burden on families in every way we can:
- We handle the insurance companies and legal paperwork so you can focus on grieving.
- We help pursue funeral and burial costs as part of your claim.
- We work around your schedule and emotional needs, because we understand that this is a sensitive time and never push more than you can handle.
Ultimately, we aim to make this process as manageable and respectful as possible.
What Families Should (and Shouldn’t) Do After a Fatal Incident
If you believe negligence may have played a role in your loved one’s death, taking the right steps early on can protect your rights:
- Don’t speak to insurers until you’ve spoken with an attorney. They may pressure you to settle before you understand your options.
- Preserve evidence such as accident photos, names of witnesses, incident reports, and communication with any involved parties.
- Consult a wrongful death lawyer early, before accepting any offers or signing anything.
Early legal guidance helps ensure your family receives the full support you’re entitled to.
Wrongful Death Beneficiaries Under Maryland Law
Wrongful death compensation is not available to all loved ones in Maryland, and the law does not always reflect the wishes of the deceased. Those who can receive wrongful death compensation are as follows:
- Surviving spouse
- Minor or adult child of a deceased parent
- Parent of a deceased minor or adult child
- Dependents who are related by blood or marriage, if none of the above exist
While Maryland wrongful death laws may exclude those who were closest to the deceased, including unmarried partners, the proceeds of a survival action go to the estate and are paid out to those named in the will. In cases where there is no will, they are paid out according to Maryland’s law of intestate succession.
Why Choose Troxler & Troxler Law Firm for a Wrongful Death Claim?
At Troxler & Troxler Law Firm, clients receive experienced, trial-tested representation backed by over 130 resolved cases and a strong commitment to Southern Maryland families. Patrick D. Troxler, Esq., brings deep roots in Waldorf and a legal career shaped by discipline and service, including over a decade in the U.S. Air Force Reserve. He is known for guiding clients through complex legal matters with clarity and compassion, making the process as stress-free as possible. This is especially important for working-class professionals balancing grief with daily responsibilities.
Teneshia M. Troxler, Esq., adds critical litigation experience to the team, having served as an Assistant State’s Attorney and as lead of a litigation department at a regional firm. Her focus on personal injury law, including fatal auto accidents and premises liability, gives her the insight and courtroom skill needed for high-stakes wrongful death claims. Together, the Troxlers approach every case with thorough preparation, respect for the emotional weight families carry, and a commitment to pursuing the compensation and accountability their clients deserve.
Frequently Asked Questions
How Long Does a Wrongful Death Case Usually Take to Resolve?
The timeline for a wrongful death case in Maryland can vary based on the complexity of the case, the willingness of insurance companies to settle, and whether the case goes to trial. Many cases resolve within six to 18 months, but more complex cases involving multiple defendants, disputed liability, or significant damages can take two years or longer. Your attorney will keep the case moving forward and communicate clearly about delays or next steps.
Can Multiple Family Members File Separate Wrongful Death Claims?
No, Maryland does not allow multiple separate wrongful death claims for the same person. Instead, eligible beneficiaries must be part of a single wrongful death action. The lawsuit is typically filed by one or more family members on behalf of all qualifying beneficiaries, and any compensation awarded is distributed among them based on Maryland’s wrongful death laws and, if necessary, court discretion.
How Long Do I Have to File a Wrongful Death Lawsuit in Maryland?
Maryland law generally gives you three years from the date of death to file a wrongful death lawsuit. Missing this deadline may permanently bar your right to compensation. However, in rare cases involving criminal homicide, different time limits may apply. It’s important to speak with an attorney early to make sure your rights are protected.
What Happens if the Person Responsible for the Death Is Also Facing Criminal Charges?
A wrongful death lawsuit is a civil case, which is separate from any criminal prosecution. Even if the person responsible is facing criminal charges or has already been convicted or acquitted, you can still pursue civil compensation. The two processes operate independently, and civil cases have a lower burden of proof, which means you may still recover damages even if no criminal conviction occurs.
Will I Need to Testify in Court, or Can Most Cases Be Settled?
Most wrongful death cases are resolved through settlement negotiations, without requiring a full trial. However, if the case does go to court, some family members may be asked to testify, especially about the impact of the loss or the relationship with the deceased. Your attorney will prepare you thoroughly and work to minimize unnecessary stress while still building the strongest case possible.
Support for Families Facing the Aftermath of a Fatal Accident
To learn more about wrongful death and survival actions, call Troxler & Troxler Law Firm at 301-264-6072. Your initial consultation is free, and if you choose to move forward, we only get paid if you get paid.
