Medical Liens in Maryland
A lien is a legal claim against your personal injury settlement by a third party who paid for your medical treatment. In Maryland, liens from hospitals, health insurers, Medicare, and Medicaid must be addressed before you receive your net settlement funds.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Contributory negligence
Fault System
3 years
Filing Deadline
$15,000 – $70,000
Avg Settlement
Types of Medical Liens in Maryland
Hospital Liens
Maryland hospitals that treated you for accident injuries may file a hospital lien against your settlement to recover unpaid bills. The lien attaches to your recovery before you are paid.
Health Insurance Subrogation
If your health insurer paid your medical bills, they have a subrogation right to be reimbursed from your settlement. Many states allow negotiation to reduce these amounts.
Medicare & Medicaid
Federal law requires Medicare and Medicaid liens to be paid in full — with limited exceptions. Your attorney must resolve these before settlement funds are distributed.
Workers' Compensation
If workers' comp covered your treatment for a work-related injury in Maryland, they have a lien on any third-party recovery you obtain.
Maryland Injury Law Overview
Maryland is one of the last four states to maintain the strict contributory negligence rule, which completely bars any recovery if the plaintiff bears any degree of fault. This harsh doctrine is tempered only by the last clear chance doctrine in certain circumstances. Despite this challenging environment for plaintiffs, Maryland courts in Baltimore and surrounding jurisdictions produce significant verdicts in appropriate cases. The statute of limitations is 3 years for most personal injury claims. Maryland does not require no-fault PIP coverage. The state's proximity to Washington D.C. and a large government workforce create significant claims under the Federal Tort Claims Act alongside state law cases. Maryland caps noneconomic damages in personal injury and wrongful death cases at a sliding scale beginning around $920,000 (indexed annually for inflation). Medical malpractice claims have the same noneconomic cap and require a certificate of qualified expert at filing. Government claims require strict notice compliance.