Maryland Personal Injury Laws: Deadlines to Sue, Fault Rules and Damage Caps
Maryland injury rules: deadline to sue, medical malpractice and wrongful death time limits, comparative fault, damage caps, dog bites and auto insurance minimums.
Quick answers for Maryland
- Deadline to sue for an injury
- Three years from the date the claim accrues. This is Maryland's general deadline for civil actions unless another law sets a different period. Md. Code, Cts. & Jud. Proc. § 5-101
- Fault rule (comparative negligence)
- Contributory negligence. Maryland is one of the few states that keeps the common-law rule: an injured person whose own negligence contributed to the injury generally cannot recover. Coleman v. Soccer Ass'n of Columbia, No. 9, Sept. Term 2012 (Md. July 9, 2013); Harrison v. Montgomery County Bd. of Educ., 295 Md. 442 (1983)
- Wrongful death deadline
- Within three years after the death. Special rules apply to deaths caused by occupational disease (within 10 years of death or 3 years from discovering the cause, whichever is shorter) and to homicides where the wrongdoer's identity was concealed. Md. Code, Cts. & Jud. Proc. § 3-904(g)
- Minimum car insurance
- Personal injury protection (PIP) is part of required coverage unless waived. Required security must cover at least $30,000 per person and $60,000 per accident for bodily injury or death and $15,000 for property damage, plus PIP benefits of at least $2,500 (medical expenses, 85% of lost… Md. Code, Transp. § 17-103(b); Md. Code, Ins. § 19-505
Last verified: 2026-10-27
Deadlines to file
| Deadline to sue for an injury | Three years from the date the claim accrues. This is Maryland's general deadline for civil actions unless another law sets a different period. |
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| Deadline to sue for property damage | Three years under Maryland's general deadline for civil actions. |
| Medical malpractice deadline | A claim against a health care provider must be filed within the earlier of five years from when the injury was committed or three years from when the injury was discovered. If the patient was under 11 when injured, the time starts at age 11 (age 16 for injuries to the reproductive system or from a foreign object left in the body). Filing a claim with the Health Care Alternative Dispute Resolution Office counts as filing the action. |
| Wrongful death deadline | Within three years after the death. Special rules apply to deaths caused by occupational disease (within 10 years of death or 3 years from discovering the cause, whichever is shorter) and to homicides where the wrongdoer's identity was concealed. |
| Suing the government | Local governments: a written notice of claim stating the time, place and cause of injury must be given within 1 year after the injury, in person or by certified mail to the proper official (for example, the county commissioners or council, or the City Solicitor for Baltimore City), unless the government already had actual or constructive notice or the court excuses it for good cause. Local government liability is capped at $400,000 per individual claim and $800,000 per occurrence. State: a written claim must be submitted to the State Treasurer within 1 year after the injury, the Treasurer must finally deny it, and the lawsuit must be filed within 3 years after the claim arises; state liability is capped at $400,000 per claimant per incident. Higher limits ($890,000) apply to certain law-enforcement and child sexual abuse claims. State claims: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gsg§ion=12-106 ; state cap: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gsg§ion=12-104 ; local cap: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcj§ion=5-303 |
Fault and damages
| Fault rule (comparative negligence) | Contributory negligence. Maryland is one of the few states that keeps the common-law rule: an injured person whose own negligence contributed to the injury generally cannot recover. Maryland's highest court declined to replace this rule with comparative negligence in 1983 and again in 2013, saying any change is for the General Assembly. |
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| Damage caps | Yes. Noneconomic damages (pain, suffering, disfigurement, loss of consortium and similar losses) in personal injury and wrongful death cases are capped. The cap was $500,000 for causes of action arising on or after October 1, 1994 and rises by $15,000 every October 1. The cap that applies depends on when the cause of action arose. In a wrongful death case with two or more beneficiaries, the total noneconomic award may not exceed 150% of the cap. The jury is not told about the cap; the judge reduces any award above it. |
| Medical malpractice caps | Yes. For medical malpractice causes of action arising on or after January 1, 2005, noneconomic damages were capped at $650,000 for 2005–2008, increasing by $15,000 every January 1 starting in 2009. The cap that applies depends on the year the cause of action arose. The cap applies in total to all personal injury and wrongful death claims from the same medical injury; if a wrongful death case has two or more beneficiaries, the total may not exceed 125% of the cap. Past medical expenses are limited to amounts actually paid or owed. |
| Punitive damages | Allowed under Maryland court decisions; no statute sets a dollar cap on punitive damages in ordinary injury cases, and punitive damages are not counted toward the noneconomic damages cap. Local governments may not be held liable for punitive damages. |
Wrongful death
| Who can sue for wrongful death | The action is for the benefit of the spouse, parents and children of the person who died. If there are none, it may be brought for any person related by blood or marriage who was substantially dependent on the person who died. Only one wrongful death action may be brought for a death, and the jury divides the award among the beneficiaries. A parent convicted of certain crimes against the child's other parent is excluded. |
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| Wrongful death deadline | Within three years after the death. Special rules apply to deaths caused by occupational disease (within 10 years of death or 3 years from discovering the cause, whichever is shorter) and to homicides where the wrongdoer's identity was concealed. |
Car accidents and dog bites
| Reporting a crash to police | In the sections reviewed, Maryland requires a driver to report a crash to police in two situations: when no officer is present and no injured person, driver or property attendant is able to receive the driver's information (the driver must then immediately report to the nearest police office and give that information), and when a vehicle strikes and injures a domestic animal (the driver must immediately notify state or local police). A driver must also give name, address, registration and license on request to any police officer at the scene or investigating. No general dollar-threshold rule for calling police was found in Transp. §§ 20-102 to 20-109. |
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| Crash report to the DMV | Each driver in a crash that causes bodily injury or death must report it in writing to the Motor Vehicle Administration within 15 days, and file with it evidence of liability insurance (carrier name and address, policy number, and local insurance producer). No driver report is required if a police officer investigated and filed a report with the Department of State Police, or while the person is physically unable to report. If the driver cannot or will not report, the MVA may require the owner to do so. The MVA may suspend or revoke the license and vehicle registrations of a person who fails to file a required report. The statute ties the written report to injury or death; it does not set a property-damage dollar threshold. |
| Leaving the scene (hit and run) | A driver in a crash causing injury or death, or damage to an attended vehicle or property, must stop as close to the scene as possible, return and stay, give name, address and registration number, show a license on request, and give reasonable help to anyone injured, including arranging transport for medical treatment. For an unattended vehicle or property, the driver must try to find the owner or leave a written note with name, address, registration number and the vehicle owner's name and address. Leaving an injury crash: up to 1 year and/or $3,000. Leaving a fatal crash: up to 5 years and/or $5,000. If the driver knew or should have known the crash might cause serious bodily injury or death and it did, it is a felony of up to 5 years/$5,000 (serious injury) or 10 years/$10,000 (death). Leaving a damage-only crash, or failing to give information or aid: up to 2 months and/or $500. Attended-property damage: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gtr§ion=20-103&enactments=false |
| Minimum car insurance | Personal injury protection (PIP) is part of required coverage unless waived. Required security must cover at least $30,000 per person and $60,000 per accident for bodily injury or death and $15,000 for property damage, plus PIP benefits of at least $2,500 (medical expenses, 85% of lost income and household services) unless the PIP coverage is waived, and required uninsured motorist coverage. PIP: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gin§ion=19-505 |
| Dog bites | Modified rule. In a lawsuit against a dog's owner for injury or death caused by the dog, evidence that the dog caused the injury creates a rebuttable presumption that the owner knew or should have known the dog had vicious or dangerous propensities. The owner is strictly liable for injury caused while the dog is running at large, unless the injured person was trespassing, committing a crime, or teasing, tormenting, abusing or provoking the dog. For non-owners (such as landlords), the common law as of April 1, 2012 applies, without regard to breed. |
Slip, trip and fall injuries
| Claims against a city or county | Under Maryland's Local Government Tort Claims Act, a lawsuit for money damages against a local government (such as a county, city or town) or its employees generally cannot be brought unless a written notice of claim stating the time, place and cause of the injury is given within 1 year after the injury. The notice must be delivered in person or by certified mail (for most counties to the county commissioners or council; for Baltimore City to the City Solicitor; for some named counties to the county executive, solicitor or attorney; for other local governments to their corporate authorities). A court may excuse late or missing notice for good cause unless the government shows prejudice, and notice is not required if the government had actual or constructive notice of the injury or the defect within that year. Liability is generally capped at $400,000 per individual claim and $800,000 for all claims from the same occurrence. §5-303: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcj§ion=5-303&enactments=false . Higher caps apply to certain law-enforcement and child sexual abuse claims. State-government claims are in the injury topic. |
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| Injuries on land used for recreation | A landowner owes no duty to keep land safe for people who enter for recreational or educational purposes, or to warn them of dangers, and an owner who lets people use the land for these purposes without charge does not promise it is safe or make them invitees or licensees. The protection does not apply to a willful or malicious failure to guard or warn against a dangerous condition, or when the owner charges for entry (lease payments from the State or a political subdivision are not a charge). §5-1103: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gnr§ion=5-1103&enactments=false ; §5-1106: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gnr§ion=5-1106&enactments=false |
Motorcycle, pedestrian, bicycle, Uber/Lyft and truck crashes
| Motorcycle helmet law | Every motorcycle operator and rider must wear approved protective headgear (except in an enclosed cab), and the operator must wear approved eye protection unless the motorcycle has a windscreen. By statute, not wearing a helmet may not be considered evidence of negligence or contributory negligence, may not limit a party's or insurer's liability, and may not reduce damages recovered; helmets generally may not even be mentioned at trial unless the case concerns the helmet itself. Source: Md. Code, Transp. §21-1306 |
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| Lane splitting | Lane splitting is banned in Maryland. A person may not ride a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, and a motorcyclist may not pass in the same lane as the vehicle being passed (police officers on duty are exempt). Every motorcycle is entitled to the full use of a lane, and motorcycles may not ride more than two abreast in one lane. Source: Md. Code, Transp. §21-1303 |
| Pedestrian right-of-way | Where no traffic signal is operating, a driver must stop for a pedestrian crossing in a crosswalk who is on the driver's half of the road or approaching from an adjacent lane on the other half, and may not pass a vehicle stopped at a crosswalk for a pedestrian; violating these rules in a way that contributes to a crash can bring up to 2 months in jail or a $1,000 fine. A pedestrian crossing outside a marked crosswalk or an unmarked crosswalk at an intersection must yield to vehicles, may cross between adjacent signalized intersections only in a marked crosswalk, and may not suddenly step into the path of a vehicle too close to yield. §21-503: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gtr§ion=21-503&enactments=false |
| Bicycle laws | A bicyclist generally has the rights and duties of a vehicle driver. Drivers must use due care to avoid bicyclists and pass at least 3 feet away, with exceptions such as when the road is too narrow to do so lawfully, and must yield to a bicyclist in a bike lane or shoulder before crossing it. Unless a local ordinance prohibits it, people may ride bicycles on sidewalks, where they have pedestrians' rights and must yield to pedestrians. Riders and passengers under 16 must wear an approved helmet (enforced by warning). §21-1202: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gtr§ion=21-1202&enactments=false ; §21-1103: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gtr§ion=21-1103&enactments=false ; §21-1207.1: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gtr§ion=21-1207.1&enactments=false |
| Uber and Lyft insurance | The Uber/Lyft-type (transportation network) driver, the company, or both must carry primary motor vehicle insurance covering the driver while providing transportation network services, which the law defines as the time logged on and ready to accept a ride, traveling to pick up an accepted passenger, and transporting the passenger until the passenger leaves the vehicle. The required coverage is at least $50,000 per person and $100,000 for two or more persons for bodily injury or death and $25,000 for property damage, plus uninsured motorist coverage and personal injury protection required by the Insurance Article. If the driver's insurance is canceled or lapsed, the company's insurance must cover from the first dollar of a claim. §10-101: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gpu§ion=10-101&enactments=false . The statute read sets one set of minimums for all three coverage periods. |
| Truck safety and insurance rules | Maryland incorporates by reference the federal motor carrier safety regulations (49 CFR 40, 382, 383, 384, 387, 390-393, 395-399 and 1572), with state amendments and exemptions, for trucks, trailers and buses with a gross vehicle weight rating of 10,001 pounds or more. They apply to all interstate carriers and to intrastate carriers hauling placarded hazardous materials or operating vehicles designed for 16 or more passengers; other intrastate carriers are covered by listed parts of the state rule. Federal minimum insurance for interstate carriers is in 49 CFR 387.9. Which federal parts each state regulation (.05-.14) covers for other intrastate carriers was not confirmed. 49 CFR 387.9: https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-387/subpart-A/section-387.9 |
Construction accidents
| Construction site injuries | Maryland's workers' compensation law sets the general rule for construction injuries. An employer's liability under the workers' compensation law is exclusive, and compensation replaces any other right of action against any person, except as the law provides. The injured worker may file a compensation claim against the employer or sue a third party (someone other than the employer) whose fault caused the injury, subject to the insurer's reimbursement rights. §9-901: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle§ion=9-901&enactments=false . No search for a scaffold-type statute was done; no absence claim is made. |
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Personal Injury & Wrongful Death FAQ
What is the statute of limitations for personal injury in Maryland?
Three years from the date the claim accrues. This is Maryland's general deadline for civil actions unless another law sets a different period.
How long do you have to sue for property damage in Maryland?
Three years under Maryland's general deadline for civil actions.
What is the statute of limitations for medical malpractice in Maryland?
A claim against a health care provider must be filed within the earlier of five years from when the injury was committed or three years from when the injury was discovered. If the patient was under 11 when injured, the time starts at age 11 (age 16 for injuries to the reproductive system or from a foreign object left in the body). Filing a claim with the Health Care Alternative Dispute Resolution Office counts as filing the action.
How long do you have to file a wrongful death lawsuit in Maryland?
Within three years after the death. Special rules apply to deaths caused by occupational disease (within 10 years of death or 3 years from discovering the cause, whichever is shorter) and to homicides where the wrongdoer's identity was concealed.
Who can file a wrongful death lawsuit in Maryland?
The action is for the benefit of the spouse, parents and children of the person who died. If there are none, it may be brought for any person related by blood or marriage who was substantially dependent on the person who died. Only one wrongful death action may be brought for a death, and the jury divides the award among the beneficiaries. A parent convicted of certain crimes against the child's other parent is excluded.
Can you recover damages if you were partly at fault in Maryland?
Contributory negligence. Maryland is one of the few states that keeps the common-law rule: an injured person whose own negligence contributed to the injury generally cannot recover. Maryland's highest court declined to replace this rule with comparative negligence in 1983 and again in 2013, saying any change is for the General Assembly.
Does Maryland cap damages in personal injury cases?
Yes. Noneconomic damages (pain, suffering, disfigurement, loss of consortium and similar losses) in personal injury and wrongful death cases are capped. The cap was $500,000 for causes of action arising on or after October 1, 1994 and rises by $15,000 every October 1. The cap that applies depends on when the cause of action arose. In a wrongful death case with two or more beneficiaries, the total noneconomic award may not exceed 150% of the cap. The jury is not told about the cap; the judge reduces any award above it.
Is there a cap on medical malpractice damages in Maryland?
Yes. For medical malpractice causes of action arising on or after January 1, 2005, noneconomic damages were capped at $650,000 for 2005–2008, increasing by $15,000 every January 1 starting in 2009. The cap that applies depends on the year the cause of action arose. The cap applies in total to all personal injury and wrongful death claims from the same medical injury; if a wrongful death case has two or more beneficiaries, the total may not exceed 125% of the cap. Past medical expenses are limited to amounts actually paid or owed.
When can you get punitive damages in Maryland?
Allowed under Maryland court decisions; no statute sets a dollar cap on punitive damages in ordinary injury cases, and punitive damages are not counted toward the noneconomic damages cap. Local governments may not be held liable for punitive damages.
How do you file an injury claim against the government in Maryland?
Local governments: a written notice of claim stating the time, place and cause of injury must be given within 1 year after the injury, in person or by certified mail to the proper official (for example, the county commissioners or council, or the City Solicitor for Baltimore City), unless the government already had actual or constructive notice or the court excuses it for good cause. Local government liability is capped at $400,000 per individual claim and $800,000 per occurrence. State: a written claim must be submitted to the State Treasurer within 1 year after the injury, the Treasurer must finally deny it, and the lawsuit must be filed within 3 years after the claim arises; state liability is capped at $400,000 per claimant per incident. Higher limits ($890,000) apply to certain law-enforcement and child sexual abuse claims.
Is a dog owner liable for a dog bite in Maryland?
Modified rule. In a lawsuit against a dog's owner for injury or death caused by the dog, evidence that the dog caused the injury creates a rebuttable presumption that the owner knew or should have known the dog had vicious or dangerous propensities. The owner is strictly liable for injury caused while the dog is running at large, unless the injured person was trespassing, committing a crime, or teasing, tormenting, abusing or provoking the dog. For non-owners (such as landlords), the common law as of April 1, 2012 applies, without regard to breed.
What is the minimum car insurance required in Maryland?
Personal injury protection (PIP) is part of required coverage unless waived. Required security must cover at least $30,000 per person and $60,000 per accident for bodily injury or death and $15,000 for property damage, plus PIP benefits of at least $2,500 (medical expenses, 85% of lost income and household services) unless the PIP coverage is waived, and required uninsured motorist coverage.
When do you have to report a car accident to the police in Maryland?
In the sections reviewed, Maryland requires a driver to report a crash to police in two situations: when no officer is present and no injured person, driver or property attendant is able to receive the driver's information (the driver must then immediately report to the nearest police office and give that information), and when a vehicle strikes and injures a domestic animal (the driver must immediately notify state or local police). A driver must also give name, address, registration and license on request to any police officer at the scene or investigating.
Do you have to report a car accident to the DMV in Maryland?
Each driver in a crash that causes bodily injury or death must report it in writing to the Motor Vehicle Administration within 15 days, and file with it evidence of liability insurance (carrier name and address, policy number, and local insurance producer). No driver report is required if a police officer investigated and filed a report with the Department of State Police, or while the person is physically unable to report. If the driver cannot or will not report, the MVA may require the owner to do so. The MVA may suspend or revoke the license and vehicle registrations of a person who fails to file a required report.
What are your duties after a car accident in Maryland?
A driver in a crash causing injury or death, or damage to an attended vehicle or property, must stop as close to the scene as possible, return and stay, give name, address and registration number, show a license on request, and give reasonable help to anyone injured, including arranging transport for medical treatment. For an unattended vehicle or property, the driver must try to find the owner or leave a written note with name, address, registration number and the vehicle owner's name and address. Leaving an injury crash: up to 1 year and/or $3,000. Leaving a fatal crash: up to 5 years and/or $5,000. If the driver knew or should have known the crash might cause serious bodily injury or death and it did, it is a felony of up to 5 years/$5,000 (serious injury) or 10 years/$10,000 (death). Leaving a damage-only crash, or failing to give information or aid: up to 2 months and/or $500.
How long do you have to file a claim against a city or county in Maryland?
Under Maryland's Local Government Tort Claims Act, a lawsuit for money damages against a local government (such as a county, city or town) or its employees generally cannot be brought unless a written notice of claim stating the time, place and cause of the injury is given within 1 year after the injury. The notice must be delivered in person or by certified mail (for most counties to the county commissioners or council; for Baltimore City to the City Solicitor; for some named counties to the county executive, solicitor or attorney; for other local governments to their corporate authorities). A court may excuse late or missing notice for good cause unless the government shows prejudice, and notice is not required if the government had actual or constructive notice of the injury or the defect within that year. Liability is generally capped at $400,000 per individual claim and $800,000 for all claims from the same occurrence.
Is a landowner liable for injuries on land used for recreation in Maryland?
A landowner owes no duty to keep land safe for people who enter for recreational or educational purposes, or to warn them of dangers, and an owner who lets people use the land for these purposes without charge does not promise it is safe or make them invitees or licensees. The protection does not apply to a willful or malicious failure to guard or warn against a dangerous condition, or when the owner charges for entry (lease payments from the State or a political subdivision are not a charge).
Do you have to wear a motorcycle helmet in Maryland?
Every motorcycle operator and rider must wear approved protective headgear (except in an enclosed cab), and the operator must wear approved eye protection unless the motorcycle has a windscreen. By statute, not wearing a helmet may not be considered evidence of negligence or contributory negligence, may not limit a party's or insurer's liability, and may not reduce damages recovered; helmets generally may not even be mentioned at trial unless the case concerns the helmet itself.
Is lane splitting legal in Maryland?
Lane splitting is banned in Maryland. A person may not ride a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, and a motorcyclist may not pass in the same lane as the vehicle being passed (police officers on duty are exempt). Every motorcycle is entitled to the full use of a lane, and motorcycles may not ride more than two abreast in one lane.
Who has the right of way, a pedestrian or a driver, in Maryland?
Where no traffic signal is operating, a driver must stop for a pedestrian crossing in a crosswalk who is on the driver's half of the road or approaching from an adjacent lane on the other half, and may not pass a vehicle stopped at a crosswalk for a pedestrian; violating these rules in a way that contributes to a crash can bring up to 2 months in jail or a $1,000 fine. A pedestrian crossing outside a marked crosswalk or an unmarked crosswalk at an intersection must yield to vehicles, may cross between adjacent signalized intersections only in a marked crosswalk, and may not suddenly step into the path of a vehicle too close to yield.
What are the bicycle laws in Maryland?
A bicyclist generally has the rights and duties of a vehicle driver. Drivers must use due care to avoid bicyclists and pass at least 3 feet away, with exceptions such as when the road is too narrow to do so lawfully, and must yield to a bicyclist in a bike lane or shoulder before crossing it. Unless a local ordinance prohibits it, people may ride bicycles on sidewalks, where they have pedestrians' rights and must yield to pedestrians. Riders and passengers under 16 must wear an approved helmet (enforced by warning).
What insurance must Uber and Lyft drivers have in Maryland?
The Uber/Lyft-type (transportation network) driver, the company, or both must carry primary motor vehicle insurance covering the driver while providing transportation network services, which the law defines as the time logged on and ready to accept a ride, traveling to pick up an accepted passenger, and transporting the passenger until the passenger leaves the vehicle. The required coverage is at least $50,000 per person and $100,000 for two or more persons for bodily injury or death and $25,000 for property damage, plus uninsured motorist coverage and personal injury protection required by the Insurance Article. If the driver's insurance is canceled or lapsed, the company's insurance must cover from the first dollar of a claim.
What safety and insurance rules apply to trucks in Maryland?
Maryland incorporates by reference the federal motor carrier safety regulations (49 CFR 40, 382, 383, 384, 387, 390-393, 395-399 and 1572), with state amendments and exemptions, for trucks, trailers and buses with a gross vehicle weight rating of 10,001 pounds or more. They apply to all interstate carriers and to intrastate carriers hauling placarded hazardous materials or operating vehicles designed for 16 or more passengers; other intrastate carriers are covered by listed parts of the state rule. Federal minimum insurance for interstate carriers is in 49 CFR 387.9.
Can you sue for a construction accident in Maryland?
Maryland's workers' compensation law sets the general rule for construction injuries. An employer's liability under the workers' compensation law is exclusive, and compensation replaces any other right of action against any person, except as the law provides. The injured worker may file a compensation claim against the employer or sue a third party (someone other than the employer) whose fault caused the injury, subject to the insurer's reimbursement rights.
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