Maryland Personal Injury Lawyer
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Personal Injury

Key Takeaways:

  • Personal injury lawsuits can be filed if someone’s negligence is responsible for damages you suffered.
  • To make a personal injury case, you will need to be able to demonstrate negligence on behalf of the other party.
  • A lawyer drastically increases the chances of winning compensation in personal injury cases for their injured clients.
  • Personal injury cases can be settled quickly, but going to court is a lengthy process.
  • Maryland uses the contributory negligence rule, which could bar claimants from compensation if they are in any way partly responsible for the accident.
  • You can claim economic and non-economic damages in personal injury cases, but punitive damages are typically reserved for cases with negative intent rather than simple negligence.

Nobody plans to be injured, and certainly, nobody wants to be injured, but personal injuries happen. When they do, you should have a skilled lawyer on your side.

Whether the personal injury is caused by someone else’s negligence or a combination of disabling injuries that occur over time, the law provides certain forms of recovery in many situations. The main goal of our firm in handling personal injury claims is to provide our clients with the answers to their questions and to educate clients on the process they are undertaking. If you have been injured or disabled due to someone else’s actions, contact a personal injury lawyer in Maryland at 410-885-6200 to schedule a free consultation.

What is a Personal Injury Lawsuit in Maryland?

A personal injury lawsuit is a type of lawsuit that is filed in an attempt to receive compensation for damages suffered in an injury. The injured person’s lawsuit is filed against the person or entity responsible for the injuries, so a major aspect of the lawsuit is being able to demonstrate fault on behalf of the target of the lawsuit.

Types of Personal Injury Cases in Maryland

Personal injury cases come in multiple forms across many practice areas, so take a look at some of the most common.

A man holding his neck in pain

Auto Accidents

Auto accidents are among the most common types of personal injury cases, and they involve a motor vehicle accident due to the negligence of a driver.

Premises Liability

Premises liability personal injury cases occur when negligent behavior on behalf of a property owner causes an injury to someone else. For example, a supermarket with an unmarked wet floor that caused someone to slip and become injured would be a premises liability case.

Work Injury

Work injury cases involve injuries that were sustained on the job. While these often occur at particular job sites, any personal injury that is sustained while undergoing normal job functions can qualify. Note that work-related personal injuries can be pursued in a personal injury case distinct from workers’ compensation claims. Workers’ compensation, however, can only be used to recover economic damages.

Medical Malpractice

A medical malpractice case is one in which a doctor or medical professional’s negligence during medical treatment caused an injury. This includes acts like misdiagnosis and failure to treat conditions properly.

How Do I Know if I Have a Personal Injury Lawsuit?

You have a personal injury lawsuit if you were injured as the result of someone else’s negligence and can demonstrate that their negligence directly led to the damages you suffered. This may sound fairly complicated, but the lawyers at Bowers Law can help determine whether or not you have a case during your free consultation. Here are the primary points required for a personal injury lawsuit.

  • Someone’s action or inaction was negligent.
  • That negligence led to an accident.
  • You sustained injuries from that accident.
  • The damages you suffered can be represented in a dollar amount in compensation that you can claim.

Where to File a Personal Injury Lawsuit

Under Maryland law, you must file your personal injury lawsuit either in the county where the defendant resides or the county where the injury occurred. Each of the 23 counties in the state has its own circuit court, and so does the city of Baltimore. It is especially important to recognize the proper venue if your accident occurred in Baltimore County, which is distinct from Baltimore City, for example.

Step-by-Step Guide to Personal Injury Claims in Maryland

The exact steps in any personal injury lawsuit can vary based on the details of the suit itself, but they generally all follow the same basic outline.

Preparing the Suit

To begin, you will need to draft and file the initial complaint with the local Maryland court that is appropriate for your case. The suit should consist of the details of your injury and evidence that shows not only the veracity of your injuries but the defendant’s negligent actions. A Maryland personal injury attorney can help draft a complaint that contains all the necessary aspects to complete this step.

Filing the Suit

Once the suit is prepared, you will need to file the suit, which is then served to the defendant or defendants. They will have a certain amount of time to respond to the initial complaint, and this can include any counterclaims they make against you.

If you do not receive an answer from the defendant within a certain period of time, then the case can be moved to a default judgment, which involves a judge hearing evidence from the plaintiff and determining whether or not there is enough to hold the defendant liable.


Should both parties get involved with the lawsuit, the process enters the discovery phase. This is the process in which each party gathers more evidence that can be used in a trial. While this can include material evidence like medical records, it can also involve questioning each other under oath as well as utilizing support from expert witnesses to the accident itself.

Settlement Negotiations

After discovery, both parties have had the opportunity to learn more about what evidence is available for the case. With this knowledge, it is common for a settlement to be reached without proceeding to trial. While insurance adjusters will still likely undervalue your case, their willingness to settle could indicate how confident they are in their evidence vs. yours.


The pre-trial phase typically involves filing motions with the court that allow or prohibit certain kinds of evidence and testimony. Additionally, this segment can involve motions designed to dismiss the case due to lack of evidence. An accident attorney can help protect you from the most common tactics.


If your case makes it all the way to trial, you will have to present your evidence before the court while the defendant presents its case after you are finished. Given the complexity of court proceedings, you will likely want a lawyer to represent you in a trial. Trials are determined by judges and juries, and jurors use their own judgment to evaluate evidence. A trial lawyer will know how to best appeal to a jury.


If the jury’s verdict is not the answer a party wanted, they are free to file an appeal with the court, though this process is long and could take several years to finalize.

Damages Available in a Personal Injury Claim in Maryland

A woman looking at her settlement check

The types of damages available in Maryland personal injury cases include both economic damages and non-economic damages. Economic damages are damages that are easily quantifiable and can be translated directly into a dollar amount.

Non-economic damages are more abstract and difficult to quantify, so you may need a lawyer’s help to evaluate them properly. Take a look at some examples of each.

Economic Damages

  • Medical expenses
  • Lost wages
  • Loss of earning capacity
  • Property damage

Non-Economic Damages

  • Pain and suffering
  • Loss of companionship
  • Disfigurement
  • Punitive damages

When pursuing damages for your personal injury, it is important to remember that there is a maximum cap when it comes to non-economic damages. You cannot receive more than $935,000 in compensation for non-economic damages. Economic damages, on the other hand, have no cap.

What is the Negligence Rule in Maryland?

Maryland is one of the few remaining states that utilizes the contributory negligence rule. This rule dictates that if the injured party in an accident contributed to the accident in any way, they may not be able to recover any compensation at all for damages suffered.

Imagine you got involved in a car accident, and it is determined that you were going two miles per hour over the speed limit. Since that is technically speeding, it may be argued that you are partially responsible for the accident even if the other party involved was driving drunk on the wrong side of the road. If you are assigned one percent of the responsibility for the accident, you may be barred from compensation.

To prove negligence, you will need to be able to demonstrate four essential factors in the case.

  • The defendant had a duty of care to you.
  • They violated their duty of care through negligence.
  • Their negligence led to an accident.
  • The accident caused your injuries.

What is the Last Clear Chance Doctrine in Maryland?

The last clear chance doctrine is a rule often used as an exception to the contributory negligence standard in Maryland personal injury law. With this doctrine in place, the party that had the last opportunity to avoid the accident that caused the damages is the one responsible for the accident. If you, as the injured party, did not have the ability to prevent the accident even when exercising reasonable vigilance and care, then you would not be held responsible in most cases.

Imagine the aforementioned speeding example. If you were slightly speeding when another vehicle hit you while driving drunk on the wrong side of the road, they would be the one with the last clear chance to avoid the accident altogether by not driving on the wrong side of the road. You would also be unable to avoid the car crash even when exercising reasonable vigilance and care. In that circumstance, a negligent plaintiff may still be able to recover damages.

What Evidence is Important in a Maryland Personal Injury Case?

A wide variety of evidence may be important to your Maryland personal injury case. However, the exact kind of evidence required can vary depending on the nature and details of your unique circumstances. In general, though, you will need evidence that can be used to demonstrate the defendant’s negligence and the veracity of the injuries and damages sustained from the accident. Remember, any piece of evidence that supports the four essential factors of a personal injury case is going to be important.

Here are a few pieces of evidence that may be relevant to your case.

  • Photographs of the accident
  • Medical records of your injuries
  • Video footage of the accident
  • Official police reports
  • Testimony from witnesses to the accident
  • Expert testimony to verify injuries

Do I Need a Maryland Personal Injury Lawyer?

You are not legally required to have a personal injury lawyer for your case in Maryland, but it will certainly help. A lawyer offers years of experience and can advocate for you every step of the way, from gathering evidence to representing you in court. Plus, a lawyer will be able to guide you on how to act to avoid implicating yourself and triggering the punishing contributory negligence rule in Maryland. They can also communicate with insurance and other involved parties on your behalf.

When to Contact a Maryland Personal Injury Attorney

If you are injured in an accident, it is best to contact a personal injury attorney as soon as possible. Having one by your side from the beginning can be helpful in building a strong case when pursuing compensation for damages suffered. Even if you did not hire a lawyer initially, getting a lawyer for your case can be beneficial regardless of what step you are currently on.

How to Choose a Personal Injury Attorney

To find a personal injury attorney you can count on, you will need to prioritize lawyers that foster a communicative attorney-client relationship with accident victims and will take a customized approach to the unique aspects of your case. Keep an eye out for lawyers who have a history of achieving settlements for their clients and have a long list of positive client testimonials. Do not hesitate to seek testimonials from independent sites like Google rather than paying attention to the ones lawyers post themselves on their own websites.

Additionally, in smaller towns many law firms will consider themselves to be general practitioners. Law firms that handle mostly auto accidents or exclusively auto accidents are more suited for efficient handling and higher case value in these types of cases. If you want your car accident case handled efficiently, hire a car accident lawyer.

A woman wearing a cast on her arm signing paperwork

Why Our Clients Choose Bowers Law

At Bowers Law, you can enjoy custom solutions to your personal injury case from our dedicated legal team with years of experience. We understand that every case is different, so our services are designed to reflect that. Our solutions are catered to your individual circumstances in an effort to make the law work for you and help you get the compensation you deserve. Perhaps most importantly, our firm and staff are dedicated to pursuing injury claims caused by automobile accidents. We dedicate the vast majority of our working hours to handling all aspects of these claims, and have a full understanding of the best way to maximize recovery for our clients.

Take a look at what some of our previous clients had to say about our services.


“I had an accident, and it totaled my car. The insurance company called and wanted me to settle with a payment before I could even get my medical bills. I called Bowers Law Firm and spoke with Jessica, who is so wonderful. She helped me [through] this whole thing even when I was frustrated. Jessica answered all my emails and would call me if I didn’t understand what was going on, and she would break it down so I understood. Mr. Bowers sat down with me and my husband and explained everything about the process and also told us how to get the best car insurance that many people don’t know is even offered. I would hope I never have to go through this again, but if so, I will definitely call Jessica & Mr. Bowers again. Thank you for all your help!!” -Rita R.

Frequently Asked Questions (FAQs)

What is the Statute of Limitations on a Personal Injury Claim in Maryland?

The statute of limitations on personal injury claims is three years in Maryland. That means you have three years from the date of the accident to file a lawsuit about the injuries you sustained. In cases of wrongful death of a loved one, you have three years from the date of the death. Keep in mind that there are some deadlines that are sooner than three years, such as when you have to notify your insurance company under certain policies. That is why it is always best to contact a lawyer as soon as possible, as they can help you avoid missed deadlines from the beginning.

How Much Does it Cost to Hire a Personal Injury Lawyer?

A personal injury lawyer does not have to cost you anything initially if you hire someone who works on a contingency fee. A contingency fee basis is one in which the lawyer does not get paid at all unless they win your case. Their payment would then come as a portion of the winnings. If they do not win your case, you will not have to pay them. Either way, you will be able to afford a personal injury lawyer.

Does Maryland Have Punitive Damages?

Yes, Maryland does have punitive damages, but it is rare for them to actually come into play in any given case. In the state of Maryland, punitive damages are typically only applied in cases in which the defendant actively sought to hurt the injury victim. This goes beyond mere negligence. Since the crux of personal injury cases is demonstrating negligence, justifying punitive damages is typically beyond the scope of the case. If you have evidence that the defendant was motivated to actually hurt you, a lawyer may be able to help you pursue punitive damages.

How Long Does a Personal Injury Lawsuit Take?

The length of a personal injury lawsuit can vary based on how complex it is and whether or not it goes to court. A long court battle can take approximately two years to fully resolve. Meanwhile, a case that is settled quickly without having to go to court can be over in as little as two months.

What is My Personal Injury Lawsuit Worth?

The value of your personal injury lawsuit varies based on the amount of damages you suffered and how well you will be able to argue for those damages in court. Car accident cases with serious injuries like a brain injury tend to be more valuable. Truck accidents, in particular, are often more valuable because the injuries tend to be more severe. That is why you will typically be in a better position for compensation when you hire a personal injury lawyer. In fact, a recent study demonstrated that claimants who have a personal injury attorney by their side throughout the process are more likely to win compensation. Filing a claim with legal representation will, on average, lead to four times more compensation than you would likely get without a lawyer.

A Helping Hand When You’ve Been Hurt

We know how difficult dealing with a personal injury can be. All you want to do is focus on recovery, but the cost of the injury can be difficult to ignore without proper, fair compensation. At Bowers Law, our personal injury law firm is dedicated to protecting your rights and handling your financial recovery so you can focus on getting better. For your convenience, we offer free consultations and even let you text our business number if you do not feel like talking. Our team has been serving accident victims in Maryland for a decade, and in that time, we have won millions for our 2,500+ clients.

Our client-centered approach allows us to gain an in-depth understanding of each case. We know just how daunting the legal process can be for someone who has never experienced it before, so we work to alleviate your worries as much as possible. You can expect frequent updates when you work with our law firm, along with a willingness to answer any questions you might have about your case.

With law offices in Elkton, Baltimore, Ocean City, and Aberdeen, our firm is capable of handling personal injury matters throughout the state of Maryland. To speak to a personal injury lawyer in Maryland, call 410-885-6200 to schedule a free consultation with a personal injury lawyer in one of our offices, your home, workplace, or even at the hospital if it is more convenient.

Our Team is Here to Help!

Find Out if You Have a Case.
Call Us Today at (410) 885-6200

Our Practice Area Lawyers

Personal Injury Practice Areas

Our Team is
Here to Help!

Find Out if You Have a Case
Call Us Today at (410) 885-6200

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