Maryland

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Maryland is one of only four U.S. jurisdictions still using pure contributory negligence — any plaintiff fault is a complete bar to recovery. Add Maryland’s med-mal damages cap, the Health Care Malpractice Claims Act pre-suit certificate, and a 3-year PI SOL, and the procedural detail can decide cases.

Practice areas in Maryland

Common questions about Maryland attorneys

Maryland is one of only four U.S. jurisdictions (with D.C., Alabama, North Carolina, and Virginia) still applying pure contributory negligence. The Maryland Court of Appeals reaffirmed the rule in Coleman v. Soccer Association of Columbia (2013), declining to adopt comparative fault and leaving the choice to the legislature. "Last clear chance" and "willful and wanton" misconduct are among the few workarounds when plaintiff fault is present.
Three years from the date of injury under MD Code § 5-101 for most negligence claims. Claims against the State or local government require a Notice of Claim within 180 days under the Maryland Tort Claims Act (SG § 12-106). Medical malpractice has the same 3-year SOL with a 5-year statute of repose under CJP § 5-109.
MD Code § 11-108 caps non-economic damages in most personal-injury cases on a sliding scale that rises $15,000 annually. As of 2024, the cap is approximately $920,000 for most cases and $1.15M for wrongful-death cases with multiple beneficiaries. Medical malpractice has a separate cap structure under § 11-108(b). The caps apply to total non-economic damages per plaintiff against all defendants combined.
The HCMCA (CJP § 3-2A-01 et seq.) requires plaintiffs to first file a claim with the Health Care Alternative Dispute Resolution Office and obtain a Certificate of Qualified Expert within 90 days. Cases proceed through optional arbitration unless waived. The Certificate requirement screens out non-meritorious claims at the pre-suit stage. Statutes of limitations and repose apply on top.
Maryland workers’ comp under MD LE § 9 runs through the Workers’ Compensation Commission. You file an Employee’s Claim Form, attend a hearing before a Commissioner, and can appeal to the Circuit Court. Income benefits are two-thirds of average weekly wage up to a state-set maximum. Medical treatment is generally employer-directed, with the State Accident Fund covering State of Maryland public-employee claims.

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