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★ Maryland · back & spine

Back & spine settlements
in Maryland.

By Reviewed by Abd Shanti, Founder9 min read

Maryland back claims turn on causation. A woman left paraplegic after vascular surgery won $2.87 million, but the verdict was reversed for a new trial. A worker whose back condition the Workers’ Compensation Commission blamed on a later accident took the question to a jury and won.

Facts that decide a back & spine claim in Maryland

Noneconomic damages cap$965,000 for causes of action arising from 1 October 2025 to 30 September 2026: a $500,000 base from 1994 plus $15,000 every 1 October since 1995. Wrongful death awards with two or more beneficiaries are capped at 150 percent of that figure.Md. Code, Cts. & Jud. Proc. § 11-108(b)
Appeals from the CommissionA worker can ask a circuit court jury to review a Workers’ Compensation Commission decision on causation, and the jury can reverse it.Electrical General Corp. v. Labonte (Md. App. 2016)
Deadline to sue“A civil action at law shall be filed within three years from the date it accrues” unless another statute sets a different period.Md. Code, Cts. & Jud. Proc. § 5-101
★ MD · reported back & spine outcomes

What Maryland courts have awarded.

Real Maryland decisions and verdicts, each linked to the court record or official report.

  • Court of Special Appeals of Maryland · 2012
    $2,874,398 judgment reversed; new trial

    Victoria Little was left paraplegic after a surgical procedure with several complications. A Harford County jury found two vascular surgeons and their practice liable, cleared the anesthesiologist, and returned $3,557,398, with judgment entered for $2,874,398. The appellate court reversed and ordered a new trial.

  • Court of Special Appeals of Maryland · 2016
    Jury verdict for worker affirmed

    Michael Labonte hurt his back at work in September 2004. The Commission decided his current back condition came entirely from a later accident on 31 December 2006. A jury reversed that finding and authorized his requested treatment and a 2012 medical bill, and the appellate court affirmed.

★ MD · back & spine · in practice

What changes the number here.

What actually moves a back & spine settlement in Maryland.

  1. 1

    An intervening accident does not automatically end a comp back claim. Labonte persuaded a jury the original injury still mattered.

  2. 2

    Large malpractice verdicts face appeals on evidence rulings, as Schneider shows.

  3. 3

    Noneconomic damages are capped at $965,000 for claims arising between October 2025 and September 2026.

★ 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 · 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.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Maryland. See /methodology, /sources, and /disclaimer.