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Personal Injury Law in Maryland

Maryland is one of only five jurisdictions that follow the harsh contributory negligence rule. If you’re found to be even 1% at fault for your accident, you’re typically barred from recovering any compensation whatsoever. This makes securing experienced legal representation absolutely critical to successfully proving the defendant’s complete fault and defending against contributory negligence claims.

The statute of limitations for personal injury cases in Maryland is three years from the date of injury. Medical malpractice claims must be filed within three years of discovery or within five years of the negligent act, whichever comes first. Wrongful death actions have a three-year limitation period.

Maryland law caps non-economic damages in personal injury cases, with the cap adjusted annually (currently over $900,000). The state maintains specific statutes governing premises liability and dram shop liability. Maryland’s position in the Washington D.C. metropolitan area creates high traffic density and significant motor vehicle accident cases. The state also sees maritime injury cases given its extensive Chesapeake Bay coastline. Maryland law includes the “last clear chance” doctrine, which can sometimes help plaintiffs overcome contributory negligence if the defendant had the final opportunity to prevent the accident.

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