Whiplash settlements
in Maryland.
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 whiplash 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 whiplash claims, this means any percentage of claimant fault, however small, bars recovery entirely. The rule converts mixed-liability whiplash 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 whiplash 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.
The US band is the starting point. Maryland's fault rule and any applicable cap then adjust the figure.