Maryland Personal Injury Law

The following summary of Maryland personal injury laws and case types will help you understand important aspects of injury claims in this state.

Maryland Statute of Limitations:

• Personal Injury: 3 years for negligent conduct
• Medical Malpractice: 5 years
• Products Liability: 3 years
• Wrongful Death: 3 years

Caps on Personal Injury Awards in Maryland:

The non-economic damages award currently may not exceed $725,000. However, the cap increases by $15,000 on October 1st of each year.

In wrongful death cases where there are 2 claimants (such as parents filing for the wrongful death their child) the damages award may be increased to 150% of the current damages cap.

Maryland Serious Injury Threshold:

There is no serious injury threshold in the state of Maryland.

Maryland is a No-Fault state and follows the pure contributory negligence theory, therefore a plaintiff may only recover provided he or she did not contribute in any way to the accident.

Personal Injury Claims & Theories of Liability in Maryland:

Auto Accident Claim: Drivers owe all others on the road a duty to operate their vehicle in a safe manner. When they breach this duty, they can be held liable for the personal injury and property damage of the victim.

Medical Malpractice Case: This is also under the category of "medical negligence." It occurs when a health care provider fails to follow the governing standard of care when providing treatment which then results in injury to the patient.

Product Liability Lawsuit: Manufacturers, distributers and designers will be held strictly liable for injuries that result from the use of products that have been placed in the stream of commerce.

Wrongful Death Case: If an individual dies due to the negligence of another, the negligent party will be liable to the estate of the victim for personal injuries.

Workers Compensation Law: Maryland is a compulsory state meaning that all employers are required to carry workers compensation insurance in the event of an on-the-job injury.

Slip and Fall Accident: Property owners are legally required to make their property safe, make reasonable inspections and notify others of any known dangers. When they fail to do so and someone is injured as a result, the property owner will be held liable.

For More Information Check out these sites:

Official Maryland State Government Website

Maryland Insurance Administration