Maryland Personal Injury Overview
Maryland, like every state, has unique personal injury laws. While these laws are similar, in most respects, to the personal injury laws in other states, you will need to work with an attorney who has experience with the law in Maryland.
Personal injury lawsuits can stem from a wide variety of incidents that cause physical or emotional injury including auto accidents, false imprisonment, birth injury, property nuisance, and more.
You must be free of blame to have a case in Maryland
Maryland is one of the few states which follow the strictest rules regarding the victim’s contribution to his or her own injuries. Under a doctrine called “pure contributory negligence” if you were for your injuries to any degree, no one else can be held responsible at all.
As prohibitive as this may sound, you should consult with an attorney before assuming that you were partly to blame. There may be circumstances involved that you do not know about.
For instance, your auto accident may have been caused by a defective vehicle or a defective roadway. An experienced personal injury attorney will have the knowledge and resources to properly investigate your case.
Maryland law limits compensation for non-economic damages, such as emotional distress, to $500,000 or less. In Maryland you may be entitled to compensation for losses including:
- Past and future medical expenses
- Lost wages and lost earning capacity
- Permanent disability or disfigurement
- Emotional distress
- Loss of quality of life
- Property damage, such as damage to your vehicle in an auto accident
- Expenses incurred as a direct result of your injuries
Joint and several liability
Maryland employs joint and several liability when more than one party is responsible for your injuries. This holds each party responsible for the full amount of damages.
In most personal injury cases you will need to prove negligence in order to prove fault. Negligence means that:
- The person who caused your injuries owed you a duty
- That person failed to uphold the duty, causing your injuries
- You suffered damages
In a product liability case, you must prove strict liability on the part of the manufacturer, rather than negligence. Strict liability involves the following elements:
- The product was defective making it unreasonably dangerous
- You used the product as it was intended to be used
- The defect caused your injury
Statute of limitations
The statute of limitations is the time limit for filing your lawsuit. In Maryland, you have three years to file most types of personal injury cases, but there are exceptions which can mean more or less time to file.
For more in depth information about time limits in Maryland read our Maryland Statute of Limitations page.
Personal injury laws vary from state to state. If you believe you have a personal injury claim and you live in Maryland, please contact one of our Maryland personal injury lawyers for a free claim evaluation.