MD · Accidents & Injuries

Accidents & Injuries in Maryland

By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026

Key Maryland Law

Maryland Code, Courts and Judicial Proceedings Section 5-101

Maryland imposes a three-year statute of limitations for personal injury claims. An injured party must generally file their lawsuit within three years of the date of the accident or injury.

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Procedural Details in Maryland

Maryland is one of four states (plus DC) that retains the traditional contributory negligence doctrine. Under Maryland common law and Code Section 3-1101, a plaintiff who is even 1% at fault for an accident may be completely barred from recovery — regardless of how negligent the defendant was. This is an extremely plaintiff-restrictive rule. Maryland is a traditional tort (fault-based) auto insurance state. Government claims require a notice of claim under Maryland Government Article 12-106 within one year. Maryland does not generally cap compensatory damages in most personal injury cases, but government entity claims may be subject to limitations under the Maryland Local Government Tort Claims Act.

Maryland Agencies & Resources

Maryland Insurance Administration

Regulates insurance companies in Maryland and handles consumer complaints about auto and accident insurance coverage.

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Maryland Motor Vehicle Administration

Manages Maryland driver licensing, vehicle registration, and accident report access.

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Maryland State Bar Association — Lawyer Referral

Provides referrals to Maryland-licensed personal injury attorneys.

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Frequently Asked Questions

How long do I have to file a personal injury lawsuit in Maryland?

Maryland Code, Courts and Judicial Proceedings Section 5-101 provides a three-year statute of limitations for personal injury claims. Claims against government entities require a notice of claim under Maryland Government Article 12-106 within one year. For local government claims, the Local Government Tort Claims Act (LGTCA) requires notice within 180 days. Missing these government notice deadlines can permanently bar your claim.

Does Maryland still use contributory negligence?

Yes. Maryland retains the traditional contributory negligence doctrine. If a jury finds that you were even 1% at fault for the accident, you may be completely barred from recovering any damages. This is one of the most restrictive fault rules in the country. Maryland courts have occasionally recognized limited exceptions through the doctrine of "last clear chance," but contributory negligence remains the general rule and a major factor in evaluating Maryland accident claims.

Are there damage caps in Maryland personal injury cases?

Maryland does not impose a general cap on compensatory damages in most personal injury accident cases. However, government entity claims may be subject to caps under the Maryland Local Government Tort Claims Act and State Government Tort Claims Act. Medical malpractice non-economic damages are capped separately under Maryland Courts and Judicial Proceedings Section 3-2A-09.

Is Maryland a no-fault auto insurance state?

No. Maryland is a traditional tort (fault-based) state. The at-fault driver's liability insurance compensates injured parties. Maryland does not require mandatory personal injury protection (PIP) coverage, though optional PIP (medical payments) coverage is available. Maryland does require uninsured motorist coverage.

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By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026