Maryland Personal Injury Laws
Maryland is one of only a handful of states that still follows the pure contributory negligence doctrine — if you are even 1% at fault, you are completely barred from recovering damages. The general statute of limitations for personal injury is 3 years. Non-economic damages are capped and increase by $15,000 annually ($965,000 for Oct 2025–Sep 2026). Maryland is a fault-based auto insurance state with 30/60/15 minimums, though PIP coverage ($2,500 minimum) is also required.
Last verified: 2026-02-25
Statute of Limitations
All personal injury actions must be filed within 3 years of the date the cause of action accrues.
Exceptions
The statute begins running when the plaintiff knew or should have known of the injury, not necessarily when it occurred.
Wrongful death actions must be filed within 3 years of the date of death.
The statute is tolled for minors until they turn 18. The standard 3-year period then applies.
Claims against the State require written notice to the State Treasurer within 1 year. State liability is capped at $400,000 per claimant. Local government claims (Cts. & Jud. Proc. § 5-304) also require 1-year notice and are capped at $400,000 per person / $800,000 per incident.
Fault & Liability Rules
Maryland follows pure contributory negligence — a plaintiff who is even 1% at fault is completely barred from recovery. Maryland is one of only 4 states (plus D.C.) that still follows this doctrine. The "last clear chance" doctrine is recognized as an exception: if the defendant had a fresh opportunity to avoid the accident but failed to do so, the plaintiff may still recover despite their own negligence.
Damage Caps
Non-economic damages are capped at $965,000 for injuries occurring between October 1, 2025 and September 30, 2026. The cap increases by $15,000 each October 1. For wrongful death with 2+ beneficiaries, the cap is 150% (approximately $1,447,500 for 2026). No cap on economic damages.
Auto Insurance System
Maryland is a fault-based state. Minimum liability limits are 30/60/15. Uninsured/underinsured motorist coverage (UM/UIM) at the same minimums (30/60/15) is also required. PIP (Personal Injury Protection) coverage of at least $2,500 is mandatory, providing no-fault medical and lost wage benefits regardless of fault.
Key Maryland Statutes
Maryland retains joint and several liability. Each defendant found liable for a single indivisible harm can be held responsible for the entire judgment. The plaintiff can collect from any one defendant, so long as total recovery does not exceed the judgment.
The primary exception to contributory negligence. If the defendant had the last clear chance to avoid the accident but failed to act, the plaintiff may recover despite their own negligence.
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Maryland.
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