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Maryland Personal Injury Law
📍 Capital: Annapolis · Statute: Md. Code, Cts. & Jud. Proc. § 5-101
Maryland is one of only a few states where any degree of plaintiff fault — even 1% — completely bars recovery. If you are injured in Maryland, consult an attorney immediately.
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.
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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
Maryland Damages Caps & Average Settlements
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.