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★ Maryland · back & spine

Back & spine settlements
in Maryland.

By 6 min read

Maryland applies pure contributory negligence — 1% claimant fault bars recovery — combined with an inflation-indexed cap on non-economic damages currently around $935,000. For back & spine claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Maryland's pure contributory negligence and any applicable statutory cap.

Maryland retains pure contributory negligence — one of only a handful of US jurisdictions that has not abolished the rule. For back & spine claims, this means any percentage of claimant fault, however small, bars recovery entirely. The rule converts mixed-liability back & spine cases into binary outcomes and gives defendants and their insurers substantial settlement leverage. Plaintiffs' counsel here typically focus heavily on framing the claimant's conduct as faultless before damages are even discussed.

Maryland's caps (non-economic damages cap (general), medical malpractice cap) apply to the non-economic component of back & spine damages and can compress upper-tier verdicts. The exact application depends on the cause of action and the head of damage; the caps section on this page sets out each ceiling and the conditions under which it bites.

★ band · US federal frame
$80,000 – $400,000+
Back injury (severe, surgery)
Reported decisions; statutory cap states constrain the upper end

The US band is the starting point. Maryland's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your back & spine claim in Maryland. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own back & spine case in about two minutes, no cost and no obligation.

Check my case
★ MD · statute of limitations
3 years from date of injury

Md. Code, Cts. & Jud. Proc. § 5-101

★ MD · fault rule
Pure contributory negligence

Pure contributory negligence — 1% claimant fault bars all recovery. Maryland is one of only five US jurisdictions retaining this rule and confirmed it most recently in Coleman v. Soccer Association of Columbia (2013).

★ MD · caps

What caps recovery.

Statutory caps that may bear on a back & spine settlement in Maryland.

★ back & spine severity tiers · US frame

How the band stratifies.

The state-by-state tort law · jury verdict reporters · statutory caps stratifies back & spine into the tiers below. Maryland courts apply the same tier structure, adjusted for state-specific factors.

Severity tierBandBasis
Back injury (moderate, no surgery)$30,000 – $100,000Reported decisions plus settlement aggregates
Back injury (severe, surgery)$80,000 – $400,000+Reported decisions; statutory cap states constrain the upper end
★ back & spine · same region & fault regime

Compare to like jurisdictions.

How Maryland's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for back & spine claims.

JurisdictionFault ruleLimitationBack & spine page
Maryland · you are herePure contributory negligence3 years from date of injury—
MassachusettsModified comparative — 51% bar3 years from date of injuryMA · back & spine →
New HampshireModified comparative — 51% bar3 years from date of injuryNH · back & spine
New JerseyModified comparative — 51% bar2 years from date of injuryNJ · back & spine →
New YorkPure comparative negligence3 years for personal injury; 2 years 6 months for medical malpracticeNY · back & spine →
PennsylvaniaModified comparative — 51% bar2 years from date of injuryPA · back & spine →
Rhode IslandPure comparative negligence3 years from date of injuryRI · back & spine
North CarolinaPure contributory negligence3 years from date of injuryNC · back & spine →
VirginiaPure contributory negligence2 years from date of injuryVA · back & spine →
AlabamaPure contributory negligence2 years from date of injuryAL · back & spine →
District of ColumbiaPure contributory negligence3 years from date of injuryDC · back & spine →
MichiganModified comparative — 51% bar3 years from date of injuryMI · back & spine →
MinnesotaModified comparative — 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpracticeMN · back & spine →
★ MD · back & spine · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ all of MD
Maryland overview

Fault rule, statute, caps, and key facts for Maryland as a whole.

★ federal frame
Back & spine in United States

Back & spine band structure and severity tiers at the US level.

★ all 15 countries
Back & spine · everywhere

Cross-jurisdiction comparison of back & spine bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for Maryland's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Maryland. See /methodology, /sources, and /disclaimer.