This page collects the rules that decide what an injury claim is worth in Maryland: who can recover when both sides share the blame, how long you have to sue, what insurance drivers must carry and whether the state caps damages. Every rule links to the statute or court decision behind it, and every calculator on this site uses these same values.
Maryland’s contributory negligence rule is the one to know first: it can bar a claim for even a small share of fault, which changes how every claim there is negotiated.
Maryland injury claim rules
Fault. Maryland is one of only five places that still use contributory negligence. If you are found even slightly at fault, a court can bar your claim entirely. That makes proof of the other side’s fault, such as a police report, photos and witness statements, especially important. Maryland’s highest court kept contributory negligence in 2013. Narrow exceptions such as last clear chance still apply.
Filing deadlines. You have three years from the injury to file a personal injury lawsuit. Families have three years for a wrongful death claim, usually counted from the date of death. Claims against a government agency need written notice much sooner.
Car insurance. Maryland is an at-fault state, so the at-fault driver’s liability insurance pays your claim. Drivers must carry at least $30,000 per injured person, $60,000 per crash and $15,000 for property damage, written 30/60/15. Maryland also requires $2,500 of PIP unless you waive it. Uninsured motorist coverage is also required.
Damage caps. $965,000 on non-economic damages for injuries on or after October 1, 2026. The cap rises by $15,000 every October 1.
Dog bites. The law presumes the owner knew the dog was dangerous, which the owner can rebut. Owners are strictly liable for a dog running at large.
Maryland injury claim questions
Can I still get a settlement in Maryland if I was partly at fault?
Usually not. Maryland uses contributory negligence, which can bar your claim if you were even slightly at fault. Narrow exceptions exist, so talk to a lawyer before giving up.
How long do I have to file a personal injury lawsuit in Maryland?
three years from the injury in most cases.
Who pays a personal injury settlement?
Usually the at-fault party’s insurer: auto, homeowner’s or business liability coverage. The policy limit often sets the practical ceiling.
Does Maryland cap pain and suffering damages?
Yes. $965,000 on non-economic damages for injuries on or after October 1, 2026. The cap rises by $15,000 every October 1.