Did you know that each state and territory in the U.S. has its own personal injury laws? Although the laws in each state share many similarities, every jurisdiction will have differences that make its personal injury law unique from other states. Washington, D.C., and Maryland laws have several notable differences in the field of personal injury, including the following.
PIP Insurance
Washington, D.C., and Maryland require auto insurers to offer personal injury protection (PIP) coverage in each car insurance policy issued in the state. Policyholders can decline PIP coverage in writing in exchange for lower insurance premiums.
However, both states have minimum requirements for offered PIP insurance. Maryland only requires insurers to offer a minimum of $2,500 of PIP coverage. Conversely, Washington, D.C., requires PIP insurance to provide at least $50,000 for medical and rehabilitation expenses, $12,000 for wage loss, and $4,000 for funeral/burial expenses.
Damage Caps
Washington, D.C., does not set a cap on any category of compensation someone might recover in a personal injury case. However, Maryland caps the compensation someone can recover for non-economic losses, such as pain and suffering or lost quality of life. The cap is different for medical malpractice cases and all other personal injury claims. The caps also increase in a wrongful death claim involving two or more beneficiaries of the decedent. Maryland’s cap on non-economic losses increases annually for inflation.
Punitive Damages
Maryland and Washington, D.C., have different standards for awarding punitive damages in personal injury cases. Punitive damages do not compensate an injured person for any financial or personal loss they’ve suffered. Instead, they punish the liable party and discourage others from similar behavior in the future.
D.C. allows for an award of punitive damages in cases where clear and convincing evidence shows that the at-fault party intentionally caused the victim’s injuries or had a reckless disregard for their risk of injury. However, Maryland has a stricter standard for punitive damages, requiring clear and convincing evidence that a defendant acted with actual malice in causing a plaintiff’s injuries.
Statute of Limitations
Maryland and Washington, D.C., have a three-year statute of limitations for most personal injury claims. However, D.C. imposes a two-year statute of limitations on wrongful death claims. Both jurisdictions also have rules pausing the statute of limitations under specific circumstances, such as when the injured party is a minor or has not yet discovered their injury or its cause.
Notice of Claims Against the State
Maryland and D.C. have shorter deadlines for filing personal injury claims against the government. In Washington, D.C., an injured party must provide the D.C. government with written notice of their personal injury claim within six months of the incident that caused the injury. In Maryland, an accident victim has one year to file their written notice of claim after suffering injuries caused by the state government. Maryland also has a cap on financial recovery in personal injury claims against the state government.
Dram Shop Liability
Washington, D.C., allows accident victims to hold commercial establishments like bars and restaurants liable for a drunk driving collision. Under D.C.’s dram shop law, establishments may bear financial liability if they knowingly serve a patron under 21 or a visibly intoxicated individual. D.C.’s dram shop statute does not expressly authorize a liability claim against an establishment that violates the law. However, a few cases have successfully used the law to impose liability for drunk driving accidents.
Maryland has no official dram shop statute or case law recognizing a dram shop law. However, there has been plenty of debate on whether restaurants and bars should be held responsible for serving minors and obviously intoxicated people who go on to cause drunk driving accidents.
Contributory Fault
Maryland and Washington, D.C., follow the traditional contributory fault rule. Under this rule, an injured party who bears some share of fault for causing their injury, however small, may not recover compensation from the other party responsible. Both jurisdictions are among the few left in the U.S. that still follow the contributory negligence rule. Most states in the U.S. follow some version of the comparative negligence rule, which allows a partially at-fault injured party to pursue some financial recovery from the other responsible party.
However, Washington, D.C., does have an exception to its contributory fault rule for personal injury cases involving bicycle or pedestrian accidents. Pedestrian and bicycle accident claims instead operate under a comparative negligence system, allowing victims to recover compensation as long as they are not more than 50 percent responsible.
Wrongful Death
Washington, D.C., and Maryland allow for wrongful death claims, which can arise when a party causes someone else’s death due to negligence, recklessness, intentional acts, or other legal fault. However, the jurisdictions have different procedures for wrongful death claims. For example, Washington, D.C., requires the victim’s personal representative to file the wrongful death claim, while Maryland allows a victim’s spouse, parents, or children to file the claim.
Maryland allows financial recovery for:
- Financial contributions the victim would have made to surviving family members or dependents
- Mental anguish, emotional pain, and suffering
- Loss of the victim’s companionship, comfort, and protection
- Loss of the victim’s advice, counsel, and guidance
- Loss of a spouse’s, parent’s, or child’s care
Washington, D.C., permits financial recovery in wrongful death claims for:
- The victim’s final medical expenses
- The victim’s funeral and burial expenses
- Loss of the wages and benefits the victim would have earned if they lived
- Loss of the victim’s care, training, advice, and household services
D.C. does not let surviving family members seek compensation for their mental distress, anguish, or grief.
Contact a Washington, D.C., and Maryland Personal Injury Lawyer
Whether you’ve been injured in an accident in Washington, D.C., or Maryland, get help from an experienced personal injury law firm with extensive knowledge in both jurisdictions. Contact Marks & Harrison today for a free consultation with a personal injury attorney to discuss your legal rights.
