
Over$800M+Recovered

Maryland Personal Injury Lawyers
We represent people affected by brain injuries, spinal cord injuries, severe burns, permanent disabilities, and other life-changing harm.
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Reviewed by Attorney Charles Gilman
Published: 2 Oct 2026 • 30 min read
If another person's carelessness caused a life-changing injury in Maryland, you can usually seek money for lifetime care, lost earning ability, and pain and suffering. Two Maryland rules shape nearly every claim: a three-year filing deadline, and a strict fault rule that can block recovery entirely.
What to do now:
- Write down the injury date. Most Maryland injury lawsuits must be filed within 3 years, and some claims need notice sooner.
- Save every record. Keep medical bills, insurance letters, and photos of the scene, vehicle or product.
- Skip the recorded statement. You usually aren't required to give one to the other side's insurer.
Briggs Bedigian won the $182 million Hagans v. Hospital of the University of Pennsylvania verdict for a catastrophically injured child, the largest medical malpractice verdict in Pennsylvania history.
Call (410) 560-4999. We answer our phone 24/7, and there's no fee unless we win.
Key Takeaways
- Maryland generally allows 3 years to file a personal injury lawsuit (Md. Code, Cts. & Jud. Proc. § 5-101). Wrongful death claims generally must be filed within 3 years of the death (§ 3-904).
- Maryland follows pure contributory negligence (Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (2013)). An injured person found even slightly at fault may recover nothing.
- For injury claims other than medical malpractice, non-economic damages are capped at $980,000 per direct victim for causes of action arising October 1, 2026 through September 30, 2027 (§ 11-108). Economic damages such as future care and lost earning capacity are not capped by that rule.
- Medical malpractice claims, including fatal ones, go through Maryland's Health Care Alternative Dispute Resolution Office and follow separate deadlines and limits.
- We take all personal injury cases on a contingency fee basis, so you pay no attorney fee unless we recover for you.
On This Page:
- What waiting costs
- How we build your case
- What counts as catastrophic
- Contributory negligence
- Damages and the cap
- Filing deadlines
- Fatal injuries and families
- How insurers handle these claims
- Our verified results
- Maryland courts and venues
- Fees and costs
- Talking with our team
- Frequently asked questions
What Does Waiting Cost After a Catastrophic Injury in Maryland?
A catastrophic injury claim decides how the next several decades will be paid for. It covers the wheelchair-accessible home, the attendant who helps with bathing, the surgeries that haven't happened yet, and the paychecks that will never arrive. For a family, it can decide whether a spouse must quit work to become a full-time caregiver.
In Maryland, the general deadline to file a personal injury lawsuit is three years under Md. Code, Cts. & Jud. Proc. § 5-101, but that is the outer edge, not the plan. Deadlines vary with the injured person's age, the type of defendant, and the kind of claim. Some claims require written notice before a lawsuit can be filed at all, such as certain claims against a government body. Missing a notice step can create problems long before the three-year mark.
Medical negligence follows its own clock. A malpractice claim must generally be filed within the earlier of three years from discovery or five years from when the injury occurred (§ 5-109). It must also start in a separate state office before reaching court, which takes time to prepare.
Then there is the evidence. Most of it is not in your control:
- Surveillance video from stores, apartment complexes and businesses can be recorded over.
- Vehicles get repaired, salvaged or crushed.
- Event data from cars and trucks can be lost when a vehicle is sold or scrapped.
- Defective equipment or products may be thrown away or "fixed."
- Witnesses move, change numbers, and forget details.
That last list matters more than most people expect. A strong catastrophic injury lawsuit is usually built from proof gathered in the first weeks, not the last months. If your family is still focused on the ICU or rehab unit, that's exactly where your attention belongs. Handing the deadline tracking and evidence demands to a legal team lets you stay there.
How We Build a Maryland Catastrophic Injury Case, Step by Step
Catastrophic cases are not just bigger versions of ordinary injury claims. Maryland's fault rule and its damages cap change how they must be built. Our approach follows five steps, led by Briggs Bedigian, a founding partner who handles complex medical malpractice and catastrophic injury cases.
Briggs was named 2013 Trial Lawyer of the Year by the Maryland Trial Lawyers Association. He was inducted into The Inner Circle of Advocates in 2015 and named to the Lawdragon 500 Leading Plaintiff Lawyers in 2024. He is admitted in Maryland and the U.S. District Court for the District of Maryland. He prepares every case for trial, and that preparation drives each step below.
This is a general strategy, not advice about your case. Results depend on the facts, the evidence and the law.
Step 1: Protect the Clock and the Proof
We start by identifying every deadline that applies. That includes the three-year limitations period, any notice requirement, and any rule that shifts with age or the type of defendant. At the same time, we send preservation demands to the people and companies holding key evidence.
A preservation letter is a written demand telling a business, driver, property owner or insurer to keep specific evidence, such as video, vehicle data or maintenance logs. It puts them on notice that destroying that evidence could have legal consequences in the lawsuit.
Decision point: If a government entity is involved or a notice rule applies, the notice goes out first. If key evidence is at risk, preservation comes before everything else.
Documents that help: incident and police reports, photos and video, any insurance letters you've received, and the names of anyone who saw what happened. Police reports have specific uses and limits in civil cases, which we explain in our discussion of how police and accident reports are used in Maryland injury cases.
Step 2: Test Fault the Way the Defense Will
Maryland's contributory negligence rule means an injured person who is even slightly at fault may recover nothing. Insurers know this, and they look for any fact that lets them argue you share the blame.
Several of our attorneys previously defended insurers, hospitals and corporations, and that background helps us anticipate the fault arguments the other side will make. We look for weak spots in your case before the defense does. We also identify every party whose conduct contributed to the injury.
Decision point: If the facts suggest you may share some fault, the investigation focuses on evidence that answers that defense. The case theory may also shift toward parties or claims where your own conduct matters less. When several parties are involved, we evaluate each one separately.
Documents that help: witness statements, reconstruction or engineering reports, safety rules and maintenance records, and the defendant's own policies and training materials.
Step 3: Choose the Right Legal Path
A crash claim, a fall on a broken stairway, a defective product and a surgical error each follow different rules. The claim type controls the filing route, the deadline, who brings the claim, and which damages limits apply.
For example, medical malpractice claims go through Maryland's Health Care Alternative Dispute Resolution Office first. After a death, the wrongful death claim belongs to the family, while a separate survival claim is brought by the estate's representative.
Decision point: When the facts allow more than one path, we compare each on deadline, filing route, who can bring it, and damages limits.
Documents that help: medical records, product or equipment identification, estate and family records, and any contracts, leases or employment records.
Step 4: Document the Injury's Lifetime Cost
When we accept a case, we gather records, consult appropriate experts, identify responsible parties, and document the full impact of the injury. We work closely with experts in a variety of fields to evaluate our cases.
This step matters most because of Maryland's cap. For injury claims other than malpractice, Maryland caps non-economic damages. For causes of action arising October 1, 2026 through September 30, 2027, that cap is $980,000 per direct victim. Economic damages, such as future medical care, attendant care and lost earning capacity, are not capped. That makes careful, expert-supported projections of future care and earnings the backbone of a capped catastrophic claim.
A life care plan is a detailed report, usually prepared by a medical or rehabilitation expert, that lists the care, equipment, therapy and support an injured person is expected to need over their lifetime, along with the projected cost of each item.
Decision point: If the cap applies, the case's value depends heavily on future-care and earnings projections. If it doesn't apply, pain, suffering and loss of enjoyment of life carry more weight.
Documents that help: treating physicians' prognoses, a life care plan, economist and vocational reports, and employment and earnings records.
Step 5: Prepare for Trial, Then Negotiate
We negotiate from a position of preparation and are ready to take the case to trial when that's necessary to pursue a just result. Our trial attorneys have tried catastrophic injury cases before juries. A case built to hold up at trial also gives you a clear way to judge any settlement offer.
Decision point: We measure each offer against the documented lifetime damages and the realistic risks at trial, including fault defenses and any cap. That comparison guides the choice between settling and asking a jury for a verdict. You can read more about how the Maryland personal injury negotiation process works.
Documents that help: the settlement demand package, expert disclosures, trial exhibits, and insurance coverage and policy-limit information.
If you'd like to walk through how these five steps would apply to your situation, call (410) 560-4999. You don't need every record or a theory of who was negligent before you call. Just tell us what happened.
What Counts as a Catastrophic Injury Under Maryland Law and Practice?
In practice, a catastrophic injury is one that permanently changes a person's ability to work, care for themselves, or live independently. Lawyers and courts use the term to describe injuries like severe brain trauma, paralysis, major burns and limb loss. These injuries usually require care for the rest of a person's life.
The causes vary widely. Car and truck crashes are one major source. NHTSA crash data shows that 40,990 people died in motor vehicle crashes in the United States in 2023 (NHTSA, 2023), and many more survived with lasting injuries. Other catastrophic injuries come from apartment fires, unsafe property, defective products, construction sites, boats, and medical errors.
What separates these cases from ordinary injury claims is the time horizon: the damages must account for decades of future needs, not just the bills already paid.
Traumatic Brain Injuries
A traumatic brain injury can follow a crash on I-695, a fall from a ladder, or a blow to the head. Some people lose memory, speech or emotional control. Others look fine but can no longer hold a job. The CDC injury data resources describe traumatic brain injury as a significant public health concern.
Brain injury claims often turn on neuropsychological testing, imaging, and testimony from people who knew the injured person before. Our team covers Maryland brain injury claims in more depth separately.
Spinal Cord Injuries and Paralysis
Spinal cord damage can cause paraplegia or quadriplegia. Care may include ventilators, home modifications, accessible vehicles, bowel and bladder programs, and round-the-clock attendants. These costs often dwarf the initial hospital bill.
Truck crashes are one recurring cause. Federal rules matter here: FMCSA hours-of-service rules limit truck drivers to 11 hours of driving after 10 consecutive hours off duty (FMCSA, 2024). Driver logs and electronic data can show whether those rules were followed. Maryland spinal cord injury claims are covered in more detail separately.
Severe Burn Injuries
Burns can require skin grafts, repeated reconstructive surgery, and long-term treatment for scarring and infection. They often cause permanent disfigurement and emotional trauma. Fires in apartment buildings, vehicle crashes, electrical faults, and workplace explosions are frequent sources.
In one documented Maryland case, Godlove Djapa v. Lilly Garden Apartment Complex, a jury returned a $71,392,150 verdict in a claim arising from an apartment fire. That result reflects that case's facts and does not predict any other outcome.
Amputation and Limb Loss
An Amputation Injury may happen at the scene of a crash or industrial accident, or later in a hospital when a crushed limb can't be saved. Prosthetics wear out and must be replaced throughout a person's life, which makes accurate future-cost projections essential. Workplace cases may involve machinery without proper guards; OSHA standards can help show what safety measures a careful employer or manufacturer should have used.
Boating and Maritime Injuries
The Chesapeake Bay, its rivers and the Port of Baltimore bring their own risks. A Boating & Maritime Accident can raise questions about federal maritime law and which court hears the case. We explain those issues in our guides to admiralty jurisdiction and maritime injury in Maryland and what crew members, workers and passengers should do after a maritime injury.
Injuries Caused by Medical Care
Some catastrophic injuries happen in a hospital rather than on a highway. Surgical errors, missed diagnoses, and delivery-room mistakes can cause brain damage or paralysis. These claims follow Maryland's separate malpractice procedures. If your child was hurt at birth, see our Baltimore and Maryland birth injury lawyers page.
How Does Maryland's Contributory Negligence Rule Affect Your Claim?
Maryland follows pure contributory negligence, reaffirmed in Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (2013): if an injured person is found even slightly at fault, they may recover nothing. It is one of the strictest fault rules in the country. Most states instead reduce an award by the injured person's share of fault.
Contributory negligence means carelessness by the injured person that helped cause their own injury. Under Maryland's version, it can act as a complete bar to recovery, not just a reduction.
Here's why that matters so much in catastrophic cases.
How Defendants Use the Rule
When damages are large, defendants have strong reasons to search for any misstep. Common arguments include:
- You were going a few miles over the speed limit.
- You weren't watching where you walked.
- You ignored a warning sign or label.
- You didn't use available safety equipment.
- You delayed seeking medical care.
Some of these arguments are weak. Some aren't. Either way, they need a factual answer.
Answering the Defense With Evidence
Can a contributory negligence defense be beaten? Sometimes. The answer depends on proof, not argument. Video, vehicle data, scene measurements, engineering analysis and witness accounts can show what actually happened. That's why Step 1 of our process focuses so heavily on preserving evidence early.
Surveillance footage is often central. Maryland law and procedure on obtaining and using it are covered in our guide to surveillance footage in Maryland personal injury cases.
When Several Parties Share Responsibility
Catastrophic injuries often involve more than one responsible party. A truck crash might involve the driver, the trucking company and a maintenance contractor. A fire might involve a property owner and a product manufacturer.
Each potential defendant must be evaluated separately, because the facts that support a fault defense against one may not apply to another. Looking at the full picture can also reveal claims where your own conduct matters less to the outcome.
What You Should Avoid Saying
Casual statements can become fault evidence. "I didn't see him" or "I'm fine" can be quoted back to you months later. Talk with a lawyer before giving detailed accounts to any insurer other than your own, and be accurate with your own insurer.
What Damages Can You Recover, and Does Maryland Cap Them?
Under Md. Code, Cts. & Jud. Proc. § 11-108, non-economic damages in Maryland injury claims other than medical malpractice are capped per direct victim, while economic damages are not capped by that statute. The cap is $965,000 for causes of action arising October 1, 2025 through September 30, 2026, and $980,000 for those arising October 1, 2026 through September 30, 2027. It rises by $15,000 each October 1.
The date your cause of action arose, not the date of trial, decides which cap figure applies.
Economic Damages
Economic damages are financial losses that can be calculated with records and expert projections. In a catastrophic case, they typically include:
- Past and future medical treatment
- Rehabilitation and therapy
- Attendant and nursing care at home
- Medical equipment, prosthetics and mobility aids
- Home and vehicle modifications
- Lost wages to date
- Lost future earning capacity
- Household services the injured person can no longer perform
Non-Economic Damages
Non-economic damages compensate for harms that don't come with a receipt: physical pain, mental anguish, disfigurement, and loss of enjoyment of life. A spouse may also have a claim for loss of companionship, often called loss of consortium.
Damages at a Glance
| Damage Category | What It Covers | How It's Proven | Capped by § 11-108? |
|---|---|---|---|
| Future medical and attendant care | Surgeries, therapy, in-home aides, equipment over a lifetime | Life care plan, treating physicians' prognoses | No |
| Lost earning capacity | Income the person could have earned over a working life | Employment records, vocational and economist reports | No |
| Past medical bills and lost wages | Treatment and paychecks already lost | Bills, pay stubs, tax returns | No |
| Pain, suffering, mental anguish | Physical and emotional harm | Testimony from the injured person, family and doctors | Yes: $980,000 per direct victim (causes of action Oct. 1, 2026 – Sept. 30, 2027) |
| Disfigurement and loss of enjoyment of life | Scarring, lost activities and independence | Photos, testimony, medical records | Yes: same combined non-economic cap |
| Wrongful death non-economic damages, 2+ beneficiaries | Family's emotional losses after a death | Family testimony | Yes: 150% of cap ($1,470,000 for Oct. 1, 2026 – Sept. 30, 2027) |
The cap described above does not apply to malpractice causes of action arising on or after January 1, 2005. Malpractice claims follow separate limits and procedures.
A Hypothetical: How the Cap Shapes a Case
This example is illustrative only and does not describe a real client.
Suppose a delivery driver suffers a spinal cord injury in a crash on October 15, 2026. A jury finds the other driver fully responsible and values the injured person's pain, suffering and lost enjoyment of life at $3 million. Under § 11-108, the non-economic portion of that recovery for that person cannot exceed $980,000.
Now look at the other side of the ledger. Lifetime attendant care, future surgeries, a modified van, and decades of lost earnings are economic damages. The statute's cap doesn't limit them.
The practical lesson: in a capped Maryland case, whether a recovery truly covers a lifetime often depends less on the pain-and-suffering figure and more on how thoroughly future costs are proven. That's a different emphasis than many people expect. It's why our Step 4 work is so detailed.
Statute of Limitations: How Long Do You Have to File in Maryland?
Maryland generally gives injured people three years to file a personal injury lawsuit under Md. Code, Cts. & Jud. Proc. § 5-101, but medical malpractice, wrongful death, and claims requiring advance notice follow different rules. Deadlines also vary with the age of the injured person and the type of defendant.
A statute of limitations is the legal deadline for filing a lawsuit. If you file after it runs out, the court can dismiss the case regardless of how strong it is.
Deadlines by Claim Type
| Claim Type | General Deadline | Authority | Who Brings It | Key Condition or Exception |
|---|---|---|---|---|
| Personal injury (crash, premises, product, workplace third party) | 3 years | Md. Code, Cts. & Jud. Proc. § 5-101 | The injured person | Some claims, such as certain claims against government bodies, require notice before suit |
| Medical malpractice | Earlier of 3 years from discovery or 5 years from injury | Md. Code, Cts. & Jud. Proc. § 5-109 | The injured patient | Must go through the Health Care Alternative Dispute Resolution Office first |
| Wrongful death | 3 years from the death | Md. Code, Cts. & Jud. Proc. § 3-904 | Spouse, parents and children (or substantially dependent relatives if none) | A minor beneficiary's claim is tolled during minority (Parker v. Hamilton (Md. 2017)) |
| Survival action | The deceased person's own deadline | Md. Code, Est. & Trusts § 7-401(y); Cts. & Jud. Proc. § 6-401 | The personal representative | For a malpractice death, the § 5-109 deadline applies |
Why the Three-Year Rule Isn't the Whole Story
The three-year figure is a starting point. A notice requirement can apply much earlier. A malpractice claim needs time to prepare before it can even be filed. And the realistic deadline for preserving evidence is often weeks, not years.
What Medical Malpractice Changes
The Health Care Alternative Dispute Resolution Office (HCADRO) is the Maryland state office where medical malpractice claims must be filed before they can proceed in court. Wrongful death claims arising from medical negligence also go through HCADRO.
Do you have a deadline question right now? If you're unsure which rule applies, write down the date of the injury, the date of any death, and the names of every person or business involved. Those three facts let a lawyer identify the controlling deadline quickly.
What Happens When a Catastrophic Injury Becomes Fatal?
Losing someone after a preventable injury is a grief no legal process can repair. What the law can do is hold the responsible party accountable and give the family resources to move forward. Maryland handles this through two separate claims.
Under Md. Code, Cts. & Jud. Proc. § 3-904, Maryland allows one wrongful death action per death, brought for the spouse, parents and children, and it must generally be filed within three years of the death. For a minor beneficiary, the claim is tolled during minority (Parker v. Hamilton (Md. 2017)).
Who Can Bring a Wrongful Death Claim
Maryland uses a priority order:
- Primary beneficiaries: the spouse, parents and children of the person who died.
- Secondary beneficiaries: relatives by blood or marriage who were substantially dependent on the person who died. They may file only if there is no spouse, parent or child.
The Survival Action
A survival action is the deceased person's own injury claim, which continues after death. It covers losses the person suffered before dying, such as medical bills and conscious pain.
A personal representative is the person appointed to manage the deceased person's estate. In Maryland, the personal representative brings the survival action (Md. Code, Est. & Trusts § 7-401(y); Cts. & Jud. Proc. § 6-401). Funeral expenses are recoverable up to the $15,000 allowance under Est. & Trusts § 8-106(c), absent a special order.
Deaths Caused by Medical Negligence
When a death results from medical negligence, the wrongful death claim still runs three years from the death, even if the patient's own malpractice claim had already expired (Mummert v. Alizadeh, 435 Md. 207 (2013)). The claim still must go through HCADRO.
How the Cap Applies to Death Claims
For non-malpractice wrongful death claims with two or more beneficiaries, the non-economic cap is 150% of the standard figure. That is $1,447,500 for causes of action arising October 1, 2025 through September 30, 2026, and $1,470,000 for October 1, 2026 through September 30, 2027.
How Do Insurance Companies Handle Catastrophic Injury Claims in Maryland?
Insurers evaluate catastrophic claims by looking for ways to limit what they pay: disputing fault under Maryland's contributory negligence rule, questioning the need for future care, and pointing to policy limits. Knowing these moves helps you avoid handing them the evidence they want.
Recorded Statements
An adjuster for the other side may call within days asking for a recorded statement. You usually aren't required to give one. Your words can be used to argue you shared fault, which matters enormously under Maryland's rule.
Policy Limits Rarely Match Lifetime Costs
Maryland's minimum auto liability coverage is $30,000 per person, $60,000 per accident, and $15,000 for property damage. Those minimums can be exhausted quickly by a single ambulance ride, trauma surgery and ICU stay.
That's why we look for every source of coverage. A commercial driver's employer, a property owner's liability policy, a product manufacturer, and your own underinsured motorist coverage may all be relevant depending on the facts.
Uninsured Drivers
Approximately 1 in 7 drivers (12.6%) on U.S. roads is uninsured (Insurance Research Council, 2023). If the at-fault driver has no insurance, your own uninsured motorist coverage may apply. Other responsible parties may also exist.
Liens and Reimbursement Claims
A lien is a legal claim against part of your recovery by someone who paid for your care, such as a health insurer, Medicare or Medicaid. These reimbursement rights should be identified early and handled as part of any settlement, so that your net recovery is clear.
The First Offer
A first offer is a starting point, not a verdict on your claim's value. The only reliable way to judge any offer is to compare it against documented lifetime damages and the realistic risks at trial. Sometimes that comparison supports settling. Sometimes it doesn't. Understanding what might cause a Maryland personal injury case to go to trial can help you think through that choice.
Proven Results: What Have Our Catastrophic Injury Cases Recovered?
There is no reliable "average settlement" for catastrophic injuries in Maryland. Every case depends on the injury, the evidence, the fault picture, insurance coverage and whether a cap applies. What we can share is our verified history.
Gilman & Bedigian has recovered over $800 million for clients, including some of the largest verdicts in the Baltimore-Washington DC area as well as throughout Maryland and Pennsylvania. Past results do not guarantee a similar outcome in any future case.
Selected Verified Results
| Case | Result | Case Type | Context |
|---|---|---|---|
| Hagans v. Hospital of the University of Pennsylvania | $182 million verdict | Birth injury | Largest medical malpractice verdict in Pennsylvania history; won by Briggs Bedigian for a catastrophically injured child |
| Jefferson Health and Einstein Pediatrics | $108,577,132 verdict | Birth injury | Philadelphia County |
| Godlove Djapa v. Lilly Garden Apartment Complex | $71,392,150 verdict | Apartment fire | Maryland |
| Martinez v. Johns Hopkins Hospital | $55 million verdict | Birth injury | Second-largest medical malpractice verdict in Maryland history |
Why Medical Verdicts Matter in Injury Cases
Several of these results involve medical negligence rather than crashes or falls. They're relevant here for a reason. Proving lifetime care needs for a catastrophically injured child is the same core skill a spinal cord or brain injury case demands: expert testimony, life care planning, and presenting it clearly to a jury.
Founding partner Charles Gilman has handled catastrophic injury claims outside the hospital setting as well. His biography describes a case in which a child nearly drowned in a neighbor's pool and was left in a vegetative state. The lawsuit settled before trial for more than $5 million, money intended to care for the child for the rest of his life.
Our attorneys have also been featured on or in The Legal Intelligencer, FOX45 Baltimore, The Daily Record, The Wall Street Journal and WJZ, among other outlets.
Filing in Maryland Circuit Courts: Where Catastrophic Injury Cases Are Heard
In Maryland, catastrophic injury lawsuits are generally filed in a circuit court, the state's trial court of general jurisdiction, though some cases belong in federal court. Which court hears your case depends on where the injury happened, where the defendants are located, and the type of claim.
We serve injured people throughout Maryland from our headquarters at 1954 Greenspring Drive in Timonium.
Maryland's Circuit Courts
Each Maryland county and Baltimore City has its own circuit court. Examples include the Circuit Court for Baltimore County in Towson, the Circuit Court for Baltimore City, and the circuit courts in Anne Arundel, Montgomery, Prince George's and Harford counties. A courthouse location doesn't mean every case from that county is heard there. Your case notice and assigned court will control.
If your injury happened in the city, our page on personal injury in Baltimore City, Maryland covers local considerations.
Federal and Admiralty Cases
Some cases go to the U.S. District Court for the District of Maryland. That can happen when the parties are from different states or when federal law applies. Injuries on navigable waters may raise admiralty questions. Briggs Bedigian is admitted in the federal court for the District of Maryland.
How a Case Typically Moves
Every case is different, but most follow these stages in order:
- Investigation and preservation of evidence, records and witness accounts.
- Filing the complaint in the proper court, or with HCADRO for malpractice claims.
- Discovery, where both sides exchange documents, take depositions and disclose experts.
- Settlement discussions or mediation, which a court may encourage or order.
- Trial, if the case doesn't resolve.
How long each stage takes depends on the number of defendants, the complexity of the medical proof, the court's schedule, and whether the injured person's condition has stabilized. Settling before doctors understand the long-term prognosis can leave future needs unpaid. To understand the roles of judge and jury, see who decides a Maryland personal injury case.
Hospitals, Roads and the Places These Cases Begin
Catastrophic injury cases across Maryland often involve treatment at major trauma and specialty centers, such as the R Adams Cowley Shock Trauma Center in Baltimore and the Johns Hopkins Hospital. Their records frequently become central evidence.
These cases arise everywhere: the Baltimore Beltway (I-695), I-95, I-83 near our Timonium office, I-70 toward Frederick and Hagerstown, and US-50 toward the Eastern Shore. The Chesapeake Bay brings boating and maritime claims.
When Another Jurisdiction May Be Involved
Maryland borders Pennsylvania, Delaware, Virginia, West Virginia and the District of Columbia. A crash near a state line, or a defendant based elsewhere, can raise questions about which law and deadlines apply. Briggs Bedigian is admitted in Maryland, Pennsylvania and the District of Columbia, which helps when a case crosses those lines.
The Contingency Fee Model: What Does a Catastrophic Injury Lawyer Cost in Maryland?
We take all personal injury cases on a contingency fee basis, which means you pay no attorney fee unless we recover money for you. You don't pay hourly bills while the case is pending.
A contingency fee is an arrangement in which the lawyer's fee is a percentage of the money recovered. If there's no recovery, there's no attorney fee.
Fees Versus Case Expenses
Attorney fees and case expenses are different things. Catastrophic cases often require expert witnesses, medical record collection, depositions and court filings. Ask us how those expenses are handled in your case and when they're paid, so there are no surprises. Our guide on how attorney's fees are calculated in Maryland personal injury cases explains the general framework.
What to Bring to Your First Conversation
You don't need every record to call us. If you have them, these help:
- Your account of what happened, including the date, time and location.
- Medical records or discharge papers from the hospital and any rehab facility.
- Insurance letters and policy information, including your own auto policy.
- Photos or video of the scene, injuries, vehicle or product.
- Names and phone numbers of witnesses.
- Pay stubs or tax returns showing earnings before the injury.
For more on getting organized, see what you can do to prepare for your Maryland personal injury case.
Can You Handle a Catastrophic Injury Claim Yourself?
Legally, yes. Maryland allows people to represent themselves. Practically, catastrophic claims involve expert testimony, contributory negligence defenses, damages caps, liens and multiple insurers. We discuss the realities in Can I Try My Own Maryland Personal Injury Case? The right choice depends on your situation, and we're glad to talk it through honestly.
Ready to Talk About Your Maryland Catastrophic Injury Case?
Every catastrophic injury case starts the same way with us: you tell us what happened. Clients reach us by phone or through our consultation form. You don't need every record, and you don't need to know whether anyone was negligent. That's our job to figure out.
If we take your case, we investigate. We gather records, consult appropriate experts, identify every responsible party, and document the full impact of the injury on your life and your family. Briggs Bedigian and our trial team prepare each case as if it will go before a jury.
The information on this page is for general informational purposes and does not constitute legal advice. Every case is unique, and past results do not guarantee future outcomes. Please contact an attorney to discuss your specific situation.
Remember the deadline from the top of this page: most Maryland injury lawsuits must be filed within 3 years, and notice requirements or evidence loss can matter much sooner. We serve injured people and families across Maryland. Call (410) 560-4999 any time. We take personal injury cases on a contingency basis, so you owe no attorney fee unless we win your case.
Frequently Asked Questions
Do I have a catastrophic injury case in Maryland?
In Maryland, you may have a claim if another person or business owed you a duty of care, breached it, and caused a serious injury with real damages. Maryland's contributory negligence rule (Coleman v. Soccer Ass'n of Columbia, 2013) can bar recovery if you were even slightly at fault, so the facts matter a great deal. A lawyer can review the evidence, identify every responsible party, and tell you whether a claim is worth pursuing.
How long do I have to file a catastrophic injury lawsuit in Maryland?
Maryland generally allows three years to file a personal injury lawsuit under Md. Code, Cts. & Jud. Proc. § 5-101. Medical malpractice claims must generally be filed within the earlier of three years from discovery or five years from the injury (§ 5-109), and wrongful death claims generally within three years of the death (§ 3-904). Some claims, such as certain claims against government bodies, require notice before suit, so the real deadline can be earlier.
How much does it cost to hire a catastrophic personal injury attorney?
We take all personal injury cases on a contingency fee basis, so you pay no attorney fee unless we recover money for you. Attorney fees are separate from case expenses like expert witnesses and records. Ask us how expenses are handled in your case so you know exactly what to expect.
What is my catastrophic injury case worth?
No honest lawyer can give you a number at the start. Value depends on the severity and permanence of the injury, future care needs, lost earning capacity, the fault picture, available insurance, and whether Maryland's non-economic damages cap under § 11-108 applies. Because economic damages like future care are not capped by that statute, careful documentation of lifetime costs often shapes what a case is worth.
What if I was partly at fault for my injury?
Maryland follows pure contributory negligence, so an injured person found even slightly at fault may recover nothing. That makes the investigation critical: evidence such as video, vehicle data and witness statements can answer a fault defense. When several parties are involved, each must be evaluated separately, and some claims may depend less on your own conduct.
Should I accept the insurance company's first offer?
Not before you understand what the offer is supposed to cover. In a catastrophic case, the right comparison is between the offer and your documented lifetime damages, weighed against the realistic risks of trial. Once you sign a release, you generally can't reopen the claim if your needs turn out to be greater.
How long does a catastrophic injury case take?
There's no standard timeline. Timing depends on how long it takes for doctors to understand the long-term prognosis, the number of defendants, the amount of expert work, insurance coverage disputes, and the court's schedule. Resolving a case before the injury's full impact is known can leave future needs uncovered.
Will my catastrophic injury case go to trial?
Many injury claims resolve through settlement, but some do go to trial. We negotiate from a position of preparation and are ready to take a case to a jury when that's necessary to pursue a just result. Whether to settle or try a case is ultimately your decision, made with a clear understanding of the risks.
What if the person who hurt me doesn't have enough insurance?
Maryland's minimum auto liability coverage is $30,000 per person and $60,000 per accident, which rarely covers a catastrophic injury. Your own uninsured or underinsured motorist coverage may apply, and other parties such as employers, property owners or manufacturers may also be responsible. Identifying every source of coverage is part of the early investigation.
How do I pay for medical treatment while my case is pending?
Most people rely on health insurance, Medicare, Medicaid or other benefits while a case is pending. Those payers may have reimbursement rights, called liens, against a later recovery, and they are usually handled as part of the settlement. Some people consider lawsuit loans; read understanding personal injury lawsuit loans and ask questions before signing anything.
Can my family file a claim if a catastrophic injury was fatal?
Yes. Under Md. Code, Cts. & Jud. Proc. § 3-904, the spouse, parents and children may bring one wrongful death action, generally within three years of the death; substantially dependent relatives may file only if none of those family members survive. Separately, the estate's personal representative can bring a survival action for the deceased person's own losses.
Do I need a lawyer for a catastrophic injury claim?
Maryland law doesn't require one, and you can represent yourself. Catastrophic claims, though, often involve expert testimony, contributory negligence defenses, damages caps, liens and multiple insurers. We cover the trade-offs in our discussion of whether you can try your own Maryland personal injury case.

