Maryland Personal Injury Laws

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.

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.

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.