Head & brain settlements
in Maryland.
A child born at 26 weeks after a delayed delivery won an $8,605,000 judgment against a hospital, which Maryland’s appellate court affirmed. A 14 year old who hit her head on a wall at indoor soccer practice lost her case, because the court found no proof that missing concussion information caused her injury.
Facts that decide a head & brain claim in Maryland
| Youth sports concussion information | Youth sports programs must make concussion information available to athletes and parents, but a claim based on that law still requires proof the failure caused the injury.Health-General § 14-501(b), as applied in Walton v. Premier Soccer Club (Md. App. 2024) |
|---|---|
| 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) |
| Fault rule | Contributory negligence: if your own negligence contributed to your injury, you recover nothing. In 2013 the state’s highest court again refused to abandon the rule, leaving any change to the legislature.Coleman v. Soccer Association of Columbia (Md. 2013) |
| 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 |