Personal Injury Lawsuit in Maryland
Filing a personal injury lawsuit in Maryland is a structured legal process. Understanding the steps, deadlines, and contributory negligence rules will help you make informed decisions about your case.
For informational purposes only. Not legal advice. Consult a licensed attorney.
3 years
Filing Deadline
Contributory negligence
Fault System
At-Fault
Auto System
$15,000 – $70,000
Avg Settlement
Lawsuit Steps in Maryland
Hire an Attorney
Most personal injury attorneys in Maryland work on contingency — no upfront fees. They evaluate your case and advise on whether litigation makes sense.
Investigation & Evidence
Your attorney gathers medical records, accident reports, witness statements, and expert opinions to build the strongest possible case.
Demand & Negotiation
Before filing suit, your attorney typically sends a demand letter and attempts settlement. Most cases resolve without going to court.
File the Complaint
If negotiations fail, your attorney files a complaint in the appropriate Maryland court. You must file within 3 years of the injury.
Discovery
Both sides exchange evidence, take depositions, and may hire expert witnesses. Discovery typically takes 6–18 months.
Mediation / Trial
Most cases settle during or after discovery. If not, your case goes to trial before a judge or jury under Maryland court rules.
Key Maryland Law Facts
Maryland is one of only four US states still applying contributory negligence under Maryland common law — if you are found even 1% at fault for the accident, you are completely barred from recovering any compensation from the other party.
Personal injury claims must be filed within 3 years under Md. Code, Courts & Judicial Proceedings § 5-101; claims against government entities are subject to a shorter 1-year limitation and specific notice requirements under the Local Government Tort Claims Act.
Maryland law allows plaintiffs to recover the last clear chance doctrine as a limited exception to contributory negligence — if the defendant had a final opportunity to avoid the accident and failed to do so, the plaintiff may still recover despite their own negligence.