Personal injury law exists to protect people who are harmed because of someone else’s negligence. In Maryland, personal injury claims follow strict legal rules that can significantly affect whether an injured person can recover compensation. Understanding these rules is essential before pursuing a claim.
This guide explains the fundamentals of Maryland personal injury law, including how personal injury claims work, what makes Maryland unique, and what injured individuals should know in 2026.
For more information, please check out our Maryland Personal Injury hub.
What Is Personal Injury Law?
Personal injury law allows an injured person to seek compensation when another party’s negligence or wrongful conduct causes harm. These cases typically involve accidents that result in physical injuries, emotional distress, or financial losses.
Common personal injury cases in Maryland include:
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Motor vehicle accidents
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Slip and fall incidents
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Premises liability claims
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Wrongful death cases
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Serious injury claims involving long-term disability
To succeed in a Maryland personal injury case, the injured person must prove specific legal elements.
The Four Elements of a Personal Injury Claim
Under Maryland law, a personal injury claim generally requires proof of four elements:
1. Duty of Care
The defendant must have owed a legal duty to act reasonably under the circumstances. For example, drivers have a duty to operate their vehicles safely, and property owners must maintain reasonably safe premises.
2. Breach of Duty
The injured person must show that the defendant breached that duty through action or inaction, such as speeding, failing to fix a hazard, or ignoring safety rules.
3. Causation
The breach must be the direct cause of the injury. Maryland courts require proof that the injury would not have occurred “but for” the defendant’s conduct.
4. Damages
Finally, the injured person must have suffered actual damages, such as medical expenses, lost income, or pain and suffering.
Maryland’s Contributory Negligence Rule
One of the most important — and strict — aspects of Maryland personal injury law is the doctrine of contributory negligence.
Maryland is one of only a few states that still follows this rule. Under contributory negligence, an injured person may be barred from recovery if they are found even 1% at fault for the accident.
This doctrine has been reaffirmed by Maryland’s highest court and remains controlling law. Because of this rule, insurance companies often attempt to shift even minimal blame onto injury victims to deny claims.
Understanding contributory negligence is critical when evaluating whether a personal injury claim is viable in Maryland.
Types of Damages Available in Maryland Personal Injury Cases
If liability is established, an injured person may seek compensation for damages. Maryland recognizes several categories of damages.
Economic Damages
These are measurable financial losses, including:
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Medical bills
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Rehabilitation costs
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Lost wages
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Loss of future earning capacity
Non-Economic Damages
These compensate for non-financial harm, such as:
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Pain and suffering
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Emotional distress
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Loss of enjoyment of life
Maryland law places a statutory cap on non-economic damages, which is adjusted annually. The cap applies in most personal injury cases, including medical malpractice and wrongful death claims.
Wrongful Death Damages
In fatal accident cases, surviving family members may pursue wrongful death claims for losses such as funeral expenses, loss of companionship, and financial support.
Statute of Limitations for Personal Injury Claims in Maryland
Maryland law imposes strict deadlines for filing personal injury lawsuits.
In most cases, a personal injury lawsuit must be filed within three years from the date of the injury. If the lawsuit is not filed within this time frame, the claim is typically barred, regardless of its merits.
Some exceptions exist, including cases involving minors or latent injuries, but these are narrowly applied. Failing to comply with the statute of limitations can permanently eliminate the right to compensation.
The Role of Insurance in Maryland Personal Injury Claims
Many personal injury cases begin with insurance claims in Maryland before progressing further under state law.
Insurance adjusters evaluate claims based on:
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Liability and fault
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Medical documentation
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Consistency of treatment
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The severity of injuries
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Available insurance coverage
Maryland’s contributory negligence rule plays a significant role in how insurers assess and defend claims. Even small inconsistencies can lead to denials or reduced settlement offers.
Settlement vs. Lawsuit in Maryland
Many personal injury cases resolve through settlement, but not all claims can be resolved without litigation.
A lawsuit may be necessary when:
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Liability is disputed
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The insurer denies the claim
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Settlement offers are unreasonably low
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Serious or permanent injuries are involved
Once a lawsuit is filed, the case enters the litigation process, which may include discovery, depositions, motions, and potentially trial.
Why Maryland Personal Injury Law Is Different
Maryland stands apart from many states due to:
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The continued use of contributory negligence
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Statutory caps on non-economic damages
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Strict procedural requirements
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A strong emphasis on evidentiary proof
These factors make Maryland personal injury cases more legally complex than they may appear at first glance.
How Maryland Personal Injury Law Affects Injury Victims
Maryland personal injury law imposes several strict rules that directly affect injured individuals. Because Maryland follows the contributory negligence doctrine, an injury victim may be barred from recovering compensation if they are found even minimally at fault for an accident. In addition, Maryland law limits non-economic damages such as pain and suffering through statutory caps that are adjusted over time. Injury victims must also comply with firm filing deadlines, as most personal injury lawsuits must be filed within three years or the claim may be permanently lost.
Final Thoughts
Personal injury law in Maryland is governed by well-established legal principles, but its strict rules can create significant challenges for injury victims. Understanding contributory negligence, damages limitations, and filing deadlines is essential before pursuing a claim.
This overview is intended to provide general information about Maryland personal injury law in 2026, not legal advice. Each case depends on its specific facts, and outcomes can vary based on liability, evidence, and applicable law. Understanding Maryland personal injury law is the first step toward protecting your rights after an accident.
Frequently Asked Questions About Maryland Personal Injury Law
What qualifies as a personal injury case in Maryland?
A personal injury case in Maryland arises when a person is harmed due to another party’s negligence or wrongful conduct. Common examples include car accidents, slip and fall incidents, unsafe property conditions, and fatal accidents that give rise to wrongful death claims.
What is contributory negligence, and why does it matter in Maryland?
Maryland follows the contributory negligence rule, which means an injured person may be barred from recovering compensation if they are found even slightly at fault for the accident. This strict rule makes liability analysis especially important in Maryland personal injury cases.
How long do I have to file a personal injury lawsuit in Maryland?
In most situations, Maryland law requires a personal injury lawsuit to be filed within three years from the date of the injury. If the deadline is missed, the claim is typically barred, regardless of the severity of the injuries.
Is there a cap on personal injury damages in Maryland?
Maryland law places a statutory cap on non-economic damages, such as pain and suffering and emotional distress. The cap is adjusted periodically by statute and applies to most personal injury and wrongful death cases.
Do most Maryland personal injury cases go to court?
Many personal injury claims in Maryland are resolved through settlement rather than trial. However, a lawsuit may be necessary when liability is disputed, insurance coverage is limited, or settlement offers do not adequately reflect the injuries involved.
Should I talk to the insurance company after an accident?
Insurance companies often investigate claims soon after an accident, but statements made early can impact a claim. Because Maryland law is strict on fault, injured individuals should understand their rights before providing detailed statements.
What types of compensation are available in a Maryland personal injury claim?
Depending on the facts of the case, compensation may include medical expenses, lost wages, reduced earning capacity, and non-economic damages such as pain and suffering. In wrongful death cases, certain family members may also recover damages for their losses.
Does Maryland personal injury law apply differently to minors?
Special rules can apply when the injured person is a minor, including how filing deadlines are calculated. These exceptions are limited and depend on the specific circumstances of the case.
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