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★ Maryland · whiplash

Whiplash settlements
in Maryland.

By Reviewed by Abd Shanti, Founder9 min read

Maryland is one of the few states where any fault of your own can bar recovery completely, and soft tissue verdicts can be small. In one crash case the jury awarded the medical bills plus $650 for pain; in another, a driver hit by a tow truck got nothing after the jury found him partly at fault.

Facts that decide a whiplash claim in Maryland

Driver fault in crash casesA jury that finds the injured driver contributed to the collision must return a verdict for the defense, even when the other driver was also negligent.Malik v. Tommy’s Auto Service (Md. Ct. Spec. App. 2011)
Records behind the defense expertA defense medical expert’s reliance on your treatment records can allow those records to be shown to the jury if they are trustworthy, necessary to explain the testimony and not privileged.Maryland Rule 5-703(b), applied in Lamalfa v. Hearn (Md. 2018)
Seat belt useNot wearing a seat belt cannot diminish recovery, and counsel may not refer to it at trial.Md. Transp. Code § 22-412.3(h); see our seat belt table
united states · sister site
Your whiplash claim in Maryland. See the number for your own case.

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★ MD · reported whiplash outcomes

What Maryland courts have awarded.

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

  • Lamalfa v. Hearn
    Court of Appeals of Maryland · 2018
    $10,576.05 verdict, affirmed

    Patricia Lamalfa sued over a car accident, and the judge ruled for her on negligence, leaving only damages. She asked for $50,000 to $150,000. The defense expert relied on four of her later treatment records, which the judge let the jury see. The jury awarded $10,576.05: her full medical bills of $9,926.05 plus $650 for pain and suffering. The state’s highest court held the records were properly admitted and affirmed.

  • Malik v. Tommy’s Auto Service
    Court of Special Appeals of Maryland · 2011
    Defense judgment affirmed

    On a clear afternoon in bumper to bumper traffic on Washington Boulevard, a tow truck owned by Tommy’s Auto Service struck Sajid Malik’s car. Malik sued the company and its driver, but the jury found him contributorily negligent, and judgment was entered for the defendants. The court rejected his challenges to the jury instructions and affirmed.

★ MD · whiplash · in practice

What changes the number here.

What actually moves a whiplash settlement in Maryland.

  1. 1

    In Maryland any fault can end the case. Malik lost entirely once the jury found he contributed to the crash.

  2. 2

    Expect the defense expert to use your own records. In Lamalfa they helped hold the award to the bills plus $650.

  3. 3

    Seat belt nonuse cannot be mentioned or used to cut your award.

  4. 4

    Bring proof of pain and limits, not just bills. Lamalfa asked for up to $150,000 but received $650 beyond her medical costs.

★ 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 whiplash settlement in Maryland.

★ whiplash · 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 whiplash claims.

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

Common questions.

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

united states · sister site
Hurt in a car crash in Maryland? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

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Sources

Checked 2026-09-29.

★ all of MD
Maryland overview

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

★ national frame
Whiplash in United States

Whiplash band structure and severity tiers at the US level.

★ all 15 countries
Whiplash · everywhere

Cross-jurisdiction comparison of whiplash bands.

★ 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.