MARYLAND · VIRGINIA · DISTRICT OF COLUMBIA · NEW JERSEY · NEW YORK
Founded 1997 · Rockville, Maryland
Maryland is not an average state for injury claims. It still applies contributory negligence — an injured person found to share any portion of fault may be barred from recovering. It also imposes short government notice deadlines and a statutory cap on non-economic damages.
The fault rule
Maryland's highest court reaffirmed the doctrine in Coleman v. Soccer Association of Columbia, 432 Md. 679 (2013), leaving any change to the General Assembly.
Maryland applies contributory negligence rather than the comparative-fault standard used in most states. Under this rule, an injured person found to have contributed to the incident — even minimally — may be barred from recovering damages from the other party.
In comparative-fault states, a finding of partial fault reduces recovery. In Maryland it can end it. Insurers understand this and frequently build their position around it.
A recorded statement, a social media post, or an offhand remark at the scene can later be used to argue shared fault. There is no obligation to give an insurer a recorded statement before speaking with counsel.
Maryland also recognizes a narrow last clear chance doctrine, which can permit recovery in limited circumstances where the defendant had a final opportunity to avoid the incident. Whether it applies is fact-specific.
Limitations & notice
The government notice requirements are the ones most often missed. They run long before the three-year filing deadline.
Deadlines shift in particular circumstances. Claims involving a minor, claims where the injury was not immediately discoverable, and claims against certain healthcare providers each follow different rules. Notice requirements apply to incidents that may not look governmental at first — a fall on county property, a collision with a municipal vehicle, an injury on a public transit platform.
§ 11-108
Maryland caps non-economic damages — pain, suffering, and loss of quality of life — under Md. Code Ann., Cts. & Jud. Proc. § 11-108.
The cap is adjusted on an annual schedule, and the figure that applies turns on the date of the incident, not the date of filing.
In a wrongful death matter with two or more qualifying beneficiaries, the cap is set at a higher percentage of the base figure.
Economic losses are not subject to this cap. Medical expenses, lost earnings, and loss of future earning capacity are proven and recovered separately.
Medical malpractice claims are governed by a separate damages provision and separate pre-filing requirements, and are not addressed on this page.
Seven areas
Rear-end, intersection, and multi-vehicle crashes, including claims involving Maryland's uninsured and underinsured motorist coverage where the at-fault driver carried insufficient limits or none at all.
Tractor-trailer and commercial fleet claims, where federal motor carrier regulations, electronic logging data, maintenance records, and carrier liability separate from the driver all enter the analysis. Records sit with the carrier and are subject to retention limits — timing of a preservation demand matters.
Rider claims, where injury severity is typically higher and where contributory negligence arguments are raised frequently.
Crosswalk, intersection, and roadway claims, including matters governed by Maryland's right-of-way provisions.
Slip, trip, and fall claims on commercial and residential property, where Maryland's classification of the injured person as invitee, licensee, or trespasser shapes the duty owed.
Claims arising from crashes caused by drivers under the influence, including questions of third-party liability under Maryland law.
Maryland treats these as two separate claims, with different beneficiaries and different categories of recoverable loss. They are typically pursued together.
Process
Scene documentation, witness identification, available video, and vehicle data. In commercial vehicle matters, early written demands to preserve carrier records before retention periods expire.
Treatment records, billing, and wage-loss documentation, together with the records needed to establish future care and future earning capacity where those are at issue.
Because contributory negligence can be dispositive, the liability picture is generally assessed before the damages picture is presented to an insurer.
Injury matters commonly resolve through negotiation. Where a matter does not resolve and filing is appropriate, it is filed in the Maryland Circuit Court or District Court having jurisdiction.
Attorney
Owner and Founder · Former Prosecutor
Mr. Sris founded the firm in 1997. He is admitted in Maryland, Virginia, the District of Columbia, New Jersey, and New York. He is a former prosecutor.
Maryland location
The firm's Maryland location is in Rockville. The firm maintains nine locations across Maryland, Virginia, the District of Columbia, New Jersey, and New York, and one location in Pereira, Colombia.
Areas served in Maryland
FAQ
Contributory negligence is a fault rule under which an injured person found to have contributed to the incident may be barred from recovering from the other party. Maryland is one of a small number of jurisdictions that retains it. In most states, partial fault reduces recovery; in Maryland it can eliminate it.
Most Maryland personal injury claims are subject to a three-year limitations period under Md. Code Ann., Cts. & Jud. Proc. § 5-101, measured from the date of injury. Different rules apply to claims involving minors, claims against government entities, and certain healthcare claims.
Generally, yes. The Local Government Tort Claims Act and the Maryland Tort Claims Act each impose a written notice requirement, generally within one year, that runs independently of the three-year filing deadline.
Non-economic damages are subject to a statutory cap under Md. Code Ann., Cts. & Jud. Proc. § 11-108, adjusted annually and applied based on the date of the incident. Economic damages such as medical expenses and lost wages are not subject to that cap.
No. Injury matters commonly resolve through negotiation. Where a matter does not resolve and filing is appropriate, it is filed and litigated.
Mr. Sris is admitted in Maryland, Virginia, the District of Columbia, New Jersey, and New York.
Contact
To discuss a Maryland injury matter, call (888) 437-7747 or submit the form to request a consultation. Consultations are scheduled by appointment.
Submitting a form or placing a call does not create an attorney-client relationship. No attorney-client relationship is formed until a written agreement is signed.
Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary depending on your particular facts and legal circumstances. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
Attorney responsible for this advertising: Mr. Sris. Content reviewed by Mr. Sris, Owner and Founder (admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York).
The information on this website is for general information purposes only and is not legal advice for any individual case or situation. Receipt or viewing of this information does not create an attorney-client relationship.
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