How is Maryland injury law different?
Maryland still follows contributory negligence, gives you three years to file most injury lawsuits, requires notice within one year for claims against local governments and the State, and caps noneconomic damages (Md. Code, Cts. & Jud. Proc. § 5-101; § 11-108). Each of those rules shapes how we build a Maryland case from the first week. Here is what they mean for you.
Contributory negligence: the rule insurers lean on
Under Maryland's contributory negligence rule, if a jury finds that your own carelessness contributed to your injury, even slightly, you can be barred from recovering anything. Maryland's highest court reviewed the rule in Coleman v. Soccer Association of Columbia, 432 Md. 679 (2013), and declined to abolish it, leaving any change to the General Assembly. The General Assembly has not replaced it with comparative fault.
That is why insurance adjusters in Maryland cases look so hard for something you did wrong. They argue you were going a little fast, glanced at your phone, crossed outside a crosswalk, or should have seen the hazard. We answer those arguments with evidence: scene photos, video, witness statements, and the other side's own records, so the jury sees who actually caused the harm.
The rule also has limits that matter. Coleman noted that Maryland long ago adopted the last clear chance doctrine, which can let a negligent plaintiff recover when the defendant still could have avoided the harm with reasonable care, and that children under five are not held to the contributory negligence bar. And by statute, the fact that you were not wearing a seat belt cannot be treated as evidence of negligence or contributory negligence, cannot reduce your recovery, and generally cannot even be mentioned at trial in a crash case (Md. Code, Transp. § 22-412.3(h)).
How long do you have to file a lawsuit in Maryland?
In Maryland, you generally have three years from the date your claim accrues to file a personal injury lawsuit (Md. Code, Cts. & Jud. Proc. § 5-101). A wrongful death action generally must be filed within three years after the death (§ 3-904(g)). Claims for sexual abuse that happened while the survivor was a minor may be filed at any time under the Child Victims Act, although special damages limits apply to claims that would have been time-barred before October 1, 2023 (§ 5-117).
Three years sounds like a long time. It is not, once you account for treatment, records, expert review, and the shorter notice deadlines below. Waiting also lets video get recorded over and witnesses move away.
What notice is required for a claim against a Maryland county or city?
Under Maryland's Local Government Tort Claims Act (LGTCA), you generally must give written notice of your claim within one year after the injury, stating the time, place, and cause of the injury (Md. Code, Cts. & Jud. Proc. § 5-304). The notice must be delivered in person or by certified mail, return receipt requested, and it must go to the right official:
- Montgomery County and Howard County: the County Executive.
- Prince George's, Anne Arundel, Baltimore, Frederick, and Harford Counties: the county solicitor or county attorney.
- Baltimore City: the City Solicitor.
- Other counties: the county commissioners or county council. Other local governments (such as a town): their corporate authorities.
Courts can excuse a missed notice for good cause unless the government shows its defense was prejudiced, and the notice requirement does not apply if the local government had actual or constructive notice of the injury or the defect within the year. Those are arguments for after a mistake, not plans. We send the notice early and to the right office.
Local governments also have damages limits: generally $400,000 per individual claim and $800,000 for all claims from the same occurrence, with higher limits for some intentional misconduct and constitutional violations by police officers, and no punitive damages against the local government itself (§ 5-303). For more, see our page on injury claims against Maryland governments.
Claims against the State of Maryland
If a State agency or State employee caused your injury, the Maryland Tort Claims Act generally requires a written claim to the State Treasurer or the Treasurer's designee within one year after the injury, a final denial of that claim, and a lawsuit filed within three years after the cause of action arises (Md. Code, State Gov't § 12-106). The State's liability is generally limited to $400,000 for a single claimant for injuries from a single incident (§ 12-104).
Is there a cap on damages in Maryland?
Yes. In Maryland, noneconomic damages (pain, suffering, disfigurement, loss of consortium, and similar losses) are capped at $980,000 for causes of action arising from October 1, 2026 through September 30, 2027, and $965,000 for those arising in the prior twelve months (Md. Code, Cts. & Jud. Proc. § 11-108). The cap started at $500,000 for causes of action arising on or after October 1, 1994 and rises by $15,000 every October 1.
A few points that matter in real cases:
- The cap applies to each direct victim and everyone who claims through that person, such as a spouse's loss of consortium claim.
- In a wrongful death case with two or more beneficiaries, the total noneconomic award may not exceed 150% of the cap, which is $1,470,000 for causes of action arising October 1, 2026 through September 30, 2027.
- The jury is not told about the cap. If the verdict is higher, the judge reduces it.
- The cap covers noneconomic damages only. Medical bills, lost wages, and other economic losses are not limited by § 11-108, which is one reason we document those losses carefully.
Maryland insurance basics: PIP and enhanced UIM
Every Maryland auto policy includes personal injury protection (PIP) unless the first named insured signs a written waiver, and the minimum PIP benefit is up to $2,500 for medical expenses, 85% of lost income, and household services incurred within three years of the crash (Md. Code, Ins. § 19-505; § 19-506). PIP is paid without regard to who caused the crash, the insurer cannot raise your premium because of a PIP claim, and the PIP insurer cannot turn around and seek reimbursement from the at-fault driver or that driver's insurer (§ 19-507). Pedestrians struck by an insured vehicle can be covered too. Your policy can require you to file the PIP claim within as little as 12 months after the crash (§ 19-508), so do not wait.
Underinsured motorist coverage is just as important, because many at-fault drivers carry small policies. Standard Maryland uninsured motorist coverage is reduced by whatever the at-fault driver's insurance pays (§ 19-509). Enhanced underinsured motorist coverage is not: it pays up to its full limit on top of the at-fault driver's coverage (§ 19-509.1). For new private passenger policies issued on or after July 1, 2024, insurers must include enhanced coverage unless the first named insured waives it in writing; for older policies renewed since then, it applies only if the policyholder elected it. Maryland also prohibits UM and UIM policy terms that force you into binding arbitration with your own insurer. See our page on Maryland uninsured and underinsured motorist claims.
| Maryland rule | What it says | Source |
|---|---|---|
| Injury lawsuit deadline | 3 years from accrual | Cts. & Jud. Proc. § 5-101 |
| Wrongful death deadline | 3 years after the death (with limited exceptions) | Cts. & Jud. Proc. § 3-904(g) |
| County or city claim notice | Written notice within 1 year after the injury | Cts. & Jud. Proc. § 5-304 |
| State claim | Written claim to the State Treasurer within 1 year; suit within 3 years | State Gov't § 12-106 |
| Noneconomic damages cap | $980,000 (causes of action arising Oct. 1, 2026 through Sept. 30, 2027) | Cts. & Jud. Proc. § 11-108 |
| PIP minimum | Up to $2,500, payable regardless of fault, unless waived | Ins. §§ 19-505 to 19-507 |
Where we handle cases in Maryland
Most of our Maryland clients live or were hurt in the two counties that border the District. Our office is in Georgetown, at 3221 M Street NW in Washington, D.C. We meet clients by phone or video, at their home or in the hospital when that is easier, and we appear in Maryland and Virginia courts.
- Montgomery County: Bethesda, Chevy Chase, Rockville, Silver Spring, Gaithersburg, Germantown, and Takoma Park. Cases are filed in the Circuit Court for Montgomery County in Rockville or the District Court of Maryland in Montgomery County.
- Prince George's County: Hyattsville, College Park, Bowie, Largo, Upper Marlboro, Oxon Hill, and National Harbor. Cases are filed in the Circuit Court for Prince George's County in Upper Marlboro or the District Court of Maryland in Prince George's County.
- Elsewhere in Maryland: we also review cases from other parts of Maryland. Call us and we will tell you plainly whether we are the right fit.
Some Maryland cases belong in federal court, for example when the parties are from different states or a federal agency is involved. The U.S. District Court for the District of Maryland sits in Baltimore and in Greenbelt; the Greenbelt courthouse is the one closest to Montgomery and Prince George's Counties. Appeals go to the Appellate Court of Maryland and the Supreme Court of Maryland in Annapolis, or to the U.S. Court of Appeals for the Fourth Circuit in Richmond. Crashes involving a federal vehicle or employee follow the Federal Tort Claims Act, which has its own administrative claim process.
Cases we handle in Maryland
Attorneys admitted in Maryland
Both founding partners are admitted to practice in Maryland.
- Ryan C. Posey, founding partner and trial lawyer, is admitted in Maryland, D.C., Virginia, Ohio, and Massachusetts.
- Jacob M. Lebowitz, founding partner and trial and appellate lawyer, is admitted in Maryland, D.C., and Virginia.
Recent Maryland decisions from our blog
We follow the Supreme Court of Maryland and the Appellate Court of Maryland closely and explain new rulings in plain English.
- Wet-floor falls at Maryland businesses: why "we were getting the sign" is not a defense
- Hurt by the State of Maryland: how a $2 million verdict became $400,000
- Abuse at a Maryland public school: the ruling that sets a 1971 cutoff for suing the school board
- Injured as a child in Maryland State custody: when the three-year clock starts
- Maryland's recreational use statute and injuries on land you entered for free
- Maryland wrongful death: why being named in the lawsuit is not enough to recover
- Maryland's household exclusion after Murphy v. GEICO
- The Child Victims Act survives Maryland's highest court
Frequently asked questions
How long do I have to sue after a car accident in Maryland?
In Maryland, you generally have three years from the date of the crash to file a personal injury lawsuit under Md. Code, Cts. & Jud. Proc. § 5-101. Shorter deadlines can apply first: a claim against a county or city requires written notice within one year under the Local Government Tort Claims Act, and your PIP policy can require you to file a PIP claim within 12 months. A wrongful death action generally must be filed within three years after the death. Call early so no deadline passes while you are focused on recovering.
Can I still recover in Maryland if I was partly at fault?
Usually not, if a jury finds your own negligence contributed to the injury, because Maryland still applies contributory negligence. Maryland's highest court declined to abolish the rule in Coleman v. Soccer Association of Columbia (2013). Exceptions such as the last clear chance doctrine can still allow recovery, and failing to wear a seat belt cannot be used as evidence of contributory negligence in a Maryland crash case. That is why we gather the evidence that shows what really caused the crash before the insurer builds its blame story.
Is there a cap on pain and suffering in Maryland?
Yes. Maryland caps noneconomic damages at $980,000 for causes of action arising from October 1, 2026 through September 30, 2027, under Md. Code, Cts. & Jud. Proc. § 11-108. The cap was $965,000 for the year before and rises by $15,000 every October 1. In a wrongful death case with two or more beneficiaries, the limit is 150% of the cap. Medical bills, lost wages, and other economic losses are not limited by this cap.
How do I file an injury claim against Montgomery County or Prince George's County?
You generally must give written notice within one year after the injury, stating the time, place, and cause, delivered in person or by certified mail, return receipt requested. In Montgomery County the notice goes to the County Executive; in Prince George's County it goes to the county attorney or county solicitor. Local government damages are generally limited to $400,000 per individual claim and $800,000 per occurrence. We prepare and send these notices for our clients.
Does Maryland PIP pay my medical bills if the crash was my fault?
Yes. Maryland personal injury protection is paid without regard to who caused the crash, and the minimum benefit is up to $2,500 for medical expenses, 85% of lost income, and household services. PIP is included in every Maryland auto policy unless the first named insured waived it in writing. Your insurer cannot raise your premium because you made a PIP claim.
What if the driver who hit me in Maryland does not have enough insurance?
Your own uninsured or underinsured motorist coverage may pay the difference. Standard Maryland UM coverage is reduced by what the at-fault driver's insurer pays, but enhanced underinsured motorist coverage pays up to its full limit on top of the at-fault driver's coverage. New Maryland policies issued on or after July 1, 2024 include enhanced coverage unless it was waived in writing, so we always check your declarations page.
Do you have an office in Maryland?
No. Our office is in Georgetown, at 3221 M Street NW in Washington, D.C. We meet clients by phone or video, at their home or in the hospital when that is easier, and we appear in Maryland and Virginia courts. Ryan Posey and Jacob Lebowitz are both admitted to practice in Maryland.
Related reading
- Contributory negligence in D.C., Maryland, and Virginia
- The Maryland statute of limitations guide
- Maryland's LGTCA notice letter and the one-year trap in claims against counties
- Maryland PIP: the no-fault coverage most crash victims forget
- Maryland's enhanced UIM coverage and the offset trap
- DMV Injury Guide: contributory negligence, the rule that decides most DMV cases
- DMV Injury Guide: deadlines and the timeline of an injury case
Talk to a Maryland injury lawyer today
If a county, city, or State agency may share the blame, Maryland's one-year notice rules may already be running, and your PIP claim can have a 12-month filing window. Call now so we can protect your claim while the evidence still exists.
Posey Lebowitz PLLC · 3221 M Street NW, Washington, DC 20007
Call (202) 524-0123 or request a free consultation. No fee unless we win your injury case.
Our office is in Georgetown, at 3221 M Street NW in Washington, D.C. We meet clients by phone or video, at their home or in the hospital when that is easier, and we appear in Maryland and Virginia courts.
More than $32 million recovered.
Plus more than $22 million in other assets.
Across more than 250 matters, in the District of Columbia, Maryland, and Virginia.
These case results are examples of matters handled by Posey Lebowitz PLLC. The outcome of any case depends on the specific facts and legal circumstances of that case. These results do not guarantee or predict a similar result in any future matter. Amounts shown are gross recoveries before attorney's fees, case expenses, and medical liens. Asset values are stated as of 2026 and will change.
Responsible attorneys: Ryan C. Posey and Jacob M. Lebowitz. Posey Lebowitz PLLC, 3221 M Street NW, Washington, DC 20007.