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Maryland Personal Injury Laws

Maryland retains the harsh contributory negligence doctrine, meaning any fault on the plaintiff's part — even 1% — bars recovery entirely. The state caps non-economic damages in medical malpractice cases (currently around $890,000, adjusted annually). Despite the contributory negligence rule, Maryland's proximity to Baltimore and Washington D.C. fuels a robust personal injury litigation market.

Statute of Limitations

3 years

Fault Rule

Contributory Negligence

Non-Economic Damages Cap

No Cap

Fault Rule: Contributory Negligence

If you are even 1% at fault for your injury, you are completely barred from recovering any damages. This is the strictest fault rule in the country.

Average Settlement Amounts in Maryland

Settlement amounts vary based on injury severity, liability, and other factors. Below are estimated average settlements for common injury types in Maryland.

Injury TypeAverage Settlement
Car Accident$21,000
Slip and Fall$17,000
Dog Bite$31,000

Key Maryland Personal Injury Statutes

  • Md. Code Ann., Cts. & Jud. Proc. § 5-101 (statute of limitations)
  • Harrison v. Montgomery Cnty. Bd. of Educ. (contributory negligence doctrine)
  • Md. Code Ann., Cts. & Jud. Proc. § 3-2A-09 (med mal non-economic cap)

Damage Caps in Maryland

Maryland does not impose a general cap on non-economic damages in personal injury cases. This means there is no statutory limit on pain and suffering awards in most cases.

For medical malpractice cases specifically, Maryland caps damages at $890,000.

Injury Claims in Maryland

Learn more about specific injury types and how Maryland law applies to each.

Major Cities in Maryland

Personal injury attorneys in Maryland serve clients in Baltimore, Columbia, Germantown, Silver Spring, Waldorf, and surrounding areas. If you have been injured in any of these cities, the same state laws described above apply to your claim.

This information is for educational purposes only and is not legal advice. Consult a licensed personal injury attorney in your state.