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Contributory negligence

Maryland Personal Injury Law

📍 Capital: Annapolis · Statute: Md. Code, Cts. & Jud. Proc. § 5-101

3 years Filing deadline
Contrib. Fault system
$50,000 Avg settlement (low)
5 Common case types

Overview of Personal Injury Law in Maryland

Maryland is one of only four states that still uses pure contributory negligence. If a plaintiff is even 1% at fault, they cannot recover any damages. Non-economic damages are capped and adjusted annually (approximately $920,000 in 2024).

This guide covers the most important rules for personal injury claims in Maryland, including the statute of limitations, comparative fault rules, damages caps, and common case types. Laws can change — always verify with a licensed Maryland attorney for your specific situation.

Key Maryland Personal Injury Statutes

Md. Code § 5-101 (SOL)
Maryland contributory negligence rule
Md. Code § 3-904 (wrongful death)

Most Common Personal Injury Cases in Maryland

Car Accidents
Medical Malpractice
Slip & Fall
Workplace Injury
Product Liability

Maryland Damages Caps & Average Settlements

Damages Rule No cap on economic; $920K non-economic (2024)
Average Settlement $50,000–$220,000
Fault System Contributory negligence (bars recovery)

Settlement amounts vary significantly based on injury severity, liability clarity, insurance policy limits, and jurisdiction within Maryland.

Frequently Asked Questions — Maryland Injury Law

How long do I have to file a claim in Maryland?

In Maryland, you generally have 3 years to file a personal injury lawsuit from the date of injury. Key statute: Md. Code, Cts. & Jud. Proc. § 5-101.

Exceptions may apply for minors, government entity cases, or when the injury was not immediately discovered. Consult a Maryland attorney to confirm your deadline.

What is Maryland's fault system?

Maryland uses Contributory negligence (bars recovery). This is one of the strictest fault rules in the US. Even 1% of fault on your part completely bars you from recovering any compensation. Consult an attorney before making any statements about the accident.

Are there damage caps in Maryland?

Maryland damage rules: No cap on economic; $920K non-economic (2024). These limits can significantly affect cases involving pain and suffering and other non-economic losses. Economic damages like medical bills and lost wages are typically not capped.

What is the average settlement in Maryland?

Personal injury settlements in Maryland average approximately $50,000–$220,000. Catastrophic injuries, wrongful death, and medical malpractice cases typically settle for significantly higher amounts.

Get a free case evaluation from a Maryland attorney →

Injured in Maryland? Get Help Now.

Personal injury laws in Maryland can be complex and deadlines are strict. A qualified Maryland personal injury attorney can evaluate your case for free — with no upfront costs.

⚠ Disclaimer: This page is for informational purposes only. Laws change and specifics vary by case. Always consult a licensed Maryland attorney for legal advice.