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This guide is general reference material. It is not legal advice and does not create an attorney–client relationship.
Maryland at a Glance
Maryland is one of the four remaining pure contributory negligence states. The Court of Appeals of Maryland recently reaffirmed the rule in Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (2013), rejecting a proposed change to comparative fault. Case selection is strict but Baltimore-area juries produce solid verdicts.
Contributory Negligence Rule
Maryland common law imposes pure contributory negligence — any plaintiff negligence bars recovery. Recent legislative attempts to switch to comparative fault have failed. The last clear chance doctrine provides limited exceptions.
Damage Caps
Non-economic damages in personal injury cases: Md. Cts. & Jud. Proc. Code §11-108 caps non-economic damages. Cap adjusts annually — currently around $920K per plaintiff for general PI cases, higher for wrongful death.
Medical malpractice: Separate cap around $860K per plaintiff.
Statute of Limitations
- Personal injury: 3 years.
- Medical malpractice: 3 years (5-year statute of repose).
- Wrongful death: 3 years.
- Product liability: 3 years.
Auto Insurance Minimums
Maryland minimums: $30K bodily injury per person / $60K per accident / $15K property damage. UM/UIM mandatory.
Notable MD Verdict Venues
- Baltimore City: Strong plaintiff verdict trends.
- Prince George's County: Similar plaintiff trends.
- Montgomery County: Balanced, more affluent jury pool.
- Rural eastern MD: More defense-friendly.
Pre-Settlement Funding Regulatory Status
Maryland has no dedicated pre-settlement funding statute. Maryland Consumer Protection Act (MD Code Comm. Law §13-101) applies to deceptive practices.
The Bottom Line
Maryland's contributory negligence rule makes case selection unforgiving but not impossible. Baltimore-area verdicts on cases with clear liability are strong. Pre-settlement funding is available at industry rates.
Instabridge Funding underwrites cases across all fifty states, with pricing and offer sizing that reflect the specific rules of the state your case sits in. Apply for a pre-settlement advance or ask your attorney to route the file through our attorney portal. Decisions typically return within 24 hours of a complete case file.
Frequently asked questions
Any plaintiff negligence — even 1% — bars recovery. Maryland is one of only four such states.
Yes, multiple times. The Court of Appeals rejected the change in Coleman v. Soccer Ass'n (2013); legislative attempts have also failed.
Yes. Non-economic damages capped (~$920K per plaintiff, higher for wrongful death); med mal has separate cap (~$860K).
Three years for most personal injury cases.
$30K BI per person, $60K per accident, $15K property damage. UM/UIM mandatory.
No dedicated statute. Maryland Consumer Protection Act applies.
Baltimore City and Prince George's County have the strongest plaintiff verdict trends.
Yes because of contributory negligence, but Baltimore-area jury pools produce solid verdicts on cases that clear the liability screen.
