Looking for a top-rated Maryland personal injury lawyer to guide you through your injury compensation or negligence claim? At Gelb & Gelb, P.C., we excel in a wide range of personal injury cases, from car accidents to nightclub injuries, ensuring you receive the legal representation you deserve.
As a premier Maryland accident law firm, our office in Prince George’s County is renowned for managing various personal injury claims in Maryland and securing injury compensation for our clients. Our proficient and dedicated staff has handled personal injury cases since our founding in 1954. While our lawyers most frequently handle car accident cases, we have experience dealing with medical malpractice, bicycle accidents, slip and falls, truck accidents, motorcycle accidents, and wrongful death. We understand that what makes the best injury attorney in Maryland is not just an in-depth understanding of tort law, evidence, insurance, and civil procedure, but also the compassion we show our clients throughout their case. When you come to us, you are injured and require guidance as you navigate this tricky process. We understand this and are here to make this process as smooth as possible.
Maryland has unique personal injury laws that make speaking to a personal injury lawyer beneficial. Our office of experienced attorneys provides special attention to accidents because of the complex nature of personal injury law. Additionally, the number of car crash fatalities in Maryland has risen substantially from 2022 to 2023 and onward through 2025. If you want individual attention for your specific issue, our consultations are always free. Call us today at (202) 331-7227.
This question is among the top search queries on Google when seeking legal representation for a negligence claim. It is a fair question, and one you should consider for a serious accident. Who is the best Maryland personal injury lawyer? Ultimately, the answer is subjective, and no lawyer will be perfect. A lawyer who guarantees success or perfection acts unethically and should not be taken seriously. You want an experienced attorney who will provide superb communication and compassion and aggressively fight to obtain maximum compensation on your behalf.
It is impossible to say who the best personal injury lawyer in Maryland truly is. There is no objective measure to gauge the best in law. You may choose to look up lists ranking attorneys, but these generally involve self-ranking and are not indicative of actual skill. No attorney who has years of experience is undefeated in court. Below, we list the most critical factors in choosing legal representation in the hope that you will make the most informed decision.
With the abundance of personal injury attorneys in Maryland, it can be challenging to choose the right one. Here’s why Gelb & Gelb stands out as the best choice for anyone with a personal injury in Maryland.
The best lawyer has experience. While experience does not guarantee success, it is an important first step in finding the best Maryland injury attorney. A lawyer with experience understands the process. Experience gives an attorney an understanding of when to settle a case and when to file suit. An attorney lacking experience will not know when to push for a larger settlement versus when to accept a reasonable offer. Experience tells an attorney when and how to ask a judge for leniency in court. When selecting legal counsel, identify who has an abundance of experience handling your type of injury claim.
No matter the case, you want as many things to go your way as possible. A professional relationship with the judges in your jurisdiction can go a long way. This does not mean anyone has influence over a judge. Instead, this can be as simple as understanding the demeanor of a particular judge and what they prefer regarding courtroom demeanor. It takes experience to build a network, and both are critical pieces in being the best injury attorney in Maryland.
Additionally, time management comes with experience. As a newer attorney, you may spend more time researching a given issue than handling it based on experience. Experience often equates to efficiency. It tells an attorney where to focus their time. This ultimately benefits the client, handling her case faster and more effectively.
The best Maryland personal injury lawyer needs to have compassion. While it may not indicate whether someone has the best understanding of the black letter law, it will drastically improve the quality of your representation. A compassionate attorney understands the complex process you are going through as an accident victim and fights that much harder to provide you with excellent results. This mitigates your stress and anxiety. After an accident, your emotional pain and suffering may be at record levels. A compassionate legal team will provide the support and comfort you need to get your life back on track.
Aggressive pursuit perfectly complements compassionate representation towards a client. The best Maryland personal injury lawyer will aggressively pursue the defendant who caused unnecessary harm to his client. The insurance companies defending the defendant are in business to maximize their profits. Their goal is not to preserve justice. That is our goal. Their goal is to minimize the payout to you on behalf of their client, the defendant. Getting them on the phone and via mail takes an uncompromising, aggressive pursuit. They are not in business to make great settlement offers. If they make a settlement offer, they may sell it as a good offer. But it takes an aggressive Maryland personal injury lawyer to understand the value of your case and aggressively pursue it.
More broadly, personal injury law is any civil tort claim relating to an injury suffered by a victim of negligent or intentional conduct. In general, personal injury law pertains to negligent action on the part of the tortfeasor. To be clear, negligent action is when a person does not maintain an ordinary duty of care. For example, in the classic car accident case, a negligent defendant driver fails to maintain proper vehicle control, leading to an accident. The key phrase here is that it is an accident or an act of carelessness.
This can be distinguished from intentional conduct, such as an assault or battery. There are other kinds of civil torts as well, such as common law trespass to land, trespass to chattel, intentional infliction of emotional distress, and conversion.
You should speak to an attorney as soon as possible. If necessary, seek medical attention. Then, a personal injury attorney can help you navigate the early parts of the claims process. Our attorneys will set you up with doctors who can refer you to specialists as needed. With our guidance, we can help you access medical care, even without health insurance, in many situations. The sooner you seek legal counsel after your injury, the better. If you wait, it may hurt the value of your case.
A jury that sees that you took two weeks to receive follow-up care from a doctor may believe you are not as severely injured as you let on. While life happens, it is never as credible as if you go to the doctor right away. After decades of experience practicing personal injury law, we know that you may be legitimately injured, yet still delay getting treatment. Unfortunately, this will undermine the damages component of your case in the eyes of a jury.
Personal Injury law firms differentiate themselves from most other fields of law by their fee structures. The complexity of the case and the lawyer’s experience with your case are not factors in the cost. Instead, our managing partner, Roger Gelb, is directly involved in every case at our firm. Many fields charge clients a flat rate or an hourly rate. However, this is not ideal for victims with less money. Theoretically, without a feasible tort system, tortfeasors could run rampant. Fortunately, our fee structure allows any tort victim to receive top-level legal counsel.
The personal injury fee structure is a contingent fee. This means you, as the victim, pay your attorney nothing upfront. There is no retainer. Instead, the lawyer takes money out of the recovery at the end of the case, and only if you win. If the plaintiff does win, the plaintiff’s attorney takes one-third of the recovery in a settlement. Your attorney will explain this to you in more detail during your consultation.
Our consultations are free. Due to the contingent basis of our fee structure, there is only a fee if we win your case. Thus, given that we cannot win from a mere consultation, there will never be a fee for the consultation. Moreover, because we do not charge hourly and instead have a flat rate dependent on your ultimate recovery, whether you get a free consultation will not affect your legal fee.
In Maryland, the statute of limitations is generally three years. You have three years from the accident date to file suit in a Maryland court. This may be different from simply filing a claim with one of the insurance companies involved in the accident.
This is a question we often receive. However, there is no one-size-fits-all answer. A multitude of factors come into play that may affect your recovery.
The amount you will recover depends primarily on the severity of your injury. The more severe your injury, the more you will recover. The law also considers how much pain you suffer due to your injury. For example, a broken rib will net you a more significant recovery than a fractured finger. Of course, this also depends on how much money is available. If the defendant has no assets or insurance, and you have no insurance, there is no source of recovery for your injury. However, if at least one of you has insurance, there should be a source of recovery. How much coverage is available under the policy also plays a decisive role in the value of your case.
Your recovery will be based, in part, on your medical expenses. If you have to go to the hospital and incur expensive bills, you are not responsible if we can prove that the other party negligently caused your injury. Your recovery will also be based on your lost wages, as well as your pain and suffering. There are several factors involved in calculating your pain and suffering. Accordingly, hiring a well-versed Maryland personal injury lawyer is especially important.
In essence, personal injury law and negligence are the same, no matter where you practice. However, there are small nuances that exist in Maryland that can drastically alter your case’s value. It is crucial to understand these nuances so you can avoid errors that may otherwise derail your case.
Contributory negligence is the biggest hurdle in most personal injury evaluations. The powerful defense presents itself or should be considered in every negligence case. The rule holds that a plaintiff is barred from recovery if a factfinder at trial finds you to be even 1% at fault in causing the accident. This is an extremely hard burden to overcome in many cases. For example, in a fall case, the defense can argue that you should have been more careful and seen the hazard before injuring yourself. Even if the defendant is clearly negligent in causing the hazardous condition and fails to remedy it or provide adequate warning, if you should have seen it and did not avoid it, you may lose your right to make a claim. This rule does not exist in most jurisdictions.
In many jurisdictions, you simply have to be less than 50% at fault in causing an injury. That is not the case in Maryland. However, there is at least one exception that can enable you to recover despite being contributorily negligent. That is the last clear chance doctrine. This rule can permit a plaintiff to recover despite his own contributory negligence. Under this doctrine, the person with the last clear chance to avoid an accident who fails to do so is liable for negligence. This is essentially your rebuttal to the contributory negligence defense. Thus, while we do not lead with this, we may have a response available to us if the defense counsel goes that route in defending their case.
In a personal injury case, damages are the money awarded to compensate the injured person for losses caused by the accident or wrongdoing. These can cover things like medical bills, lost income, pain and suffering, and other losses tied to the injury. Under §11-108, noneconomic damages are defined as pain, suffering, inconvenience, physical impairment, disfigurement, loss of consortium, or other nonpecuniary injuries. In Maryland, there is no cap on economic damages. However, there are caps on non-economic damages. Moreover, these caps change yearly on October 1. The non-economic damages cap for a personal injury matter or a wrongful death claim involving a single claimant increases by $15,000 annually. Also note that, in wrongful death cases involving two or more claimants, the noneconomic damages cap is calculated as 1.5 times the personal injury cap. This is due to inflation.
Below, we list the caps for non-economic damages, effective October 1, 2025.
In Maryland, you are legally obligated to carry auto insurance. The mandatory minimum limits are 30/60/15. Additionally, it is mandatory to have at least $2,500 of PIP in Maryland. However, if you waive this coverage, as many people do, your insurer will likely reduce your premiums.
If you are looking to sue a home improvement contractor in Maryland, they are required to carry at least $50,000 in general liability insurance.
In Maryland, while you are not statutorily required to carry homeowner’s insurance, many mortgage lenders will require that you maintain coverage for as long as they have a security interest in your home. The same is true for renters’ insurance. While there may not be a statutory requirement that you carry liability insurance, your apartment building may require that you purchase a policy regardless. Moreover, many companies, such as restaurants and hotels, will carry coverage as they have significant assets they want to protect. Thus, it is standard for them to carry general liability insurance. These policies often cover them for up to one million dollars for injuries to a single individual. Although, this ultimately depends on the policy.
The Maryland Court of Appeals has stated that the rule has been viable in Maryland since 1899. Unlike the contributory negligence rule, which can hurt your case, the collateral source rule can benefit you immensely. In short, this rule prohibits the defendant from introducing evidence that you have received financial aid from other sources. Per the 2000 Maryland Court of Appeals case Narayen v. Bailey, “[a] private insurer, government insurance (Medicare), liability insurance, workers’ compensation, and the like” are not admissible as evidence. This is because a judge should not reduce or mitigate your damages award because you already received funds from a collateral source for the same injury. The defendant should pay you for the damages they are liable for. Then, they may seek subrogation from another source if that right exists for them.
The collateral source rule is a positive doctrine for plaintiffs. But for the collateral source rule, you would end up with less compensation. This is for good reason. A clear example in personal injury law in Maryland exists in the car accident context with personal injury protection, or PIP. When you get $2,500 in PIP benefits through your own policy, the adverse insurer may try to argue that they now owe you $2,500 less. In theory, this may sound fair, asking why you should be overcompensated. However, the defendant owes you for the damages they caused. Whether a friend, family member, or your own insurance company steps in and covers you in advance of settlement is irrelevant. Allowing a defendant to reduce their liability because the plaintiff had insurance would unfairly reward the wrongdoer and penalize the injured party for being responsible.
You paid for your PIP coverage in this example, so you deserve the benefits of that proactive behavior, not the adverse party.
While the previous rule benefits plaintiffs, the rules governing claims against the Maryland state government are trickier. Under the common law, the government has sovereign immunity. This means you cannot make a claim against the government for bodily injuries. However, that is legislatively altered under the Maryland Tort Claims Act (MTCA). The most common example of a claim against the Maryland state government is when you get into a motor vehicle accident with a government employee operating within the course and scope of their employment at the time of the accident. Thus, it technically does not need to be in a marked vehicle like a police car. It can also be an ambulance, firetruck, or personal vehicle, so long as they are working for the State at the time of the accident. But what are the limitations to suing the Maryland government?
Every claim against the state of Maryland must qualify under legislation. Technically, it requires a waiver for your claim to be viable. Fortunately, most claims are made viable under the MTCA. For a claim against the State, there is a limit on the amount the State may be required to pay you. Under the Maryland Tort Claims Act, the following information applies to how much you may recover.
To make a claim against the state of Maryland for personal injuries arising out of the negligent act of an employee acting within the course and scope of their employment, you must take precise steps merely to preserve your claim. Firstly, while the three-year statute of limitations still exists for personal injury matters, there is also a one-year notice requirement from the date of injury. Thus, it is imperative to contact a Maryland injury attorney as soon as possible after your accident to avoid losing your right to make a claim due to a hidden deadline beyond what you discover online. Assuming that you do meet those deadlines, you must also prepare and mail a written claim notice to the Maryland State Treasurer stating why you believe the State (or its employee) did something wrong and why the State should be responsible for your injury.
In your letter, you must include the name and addresses of the people involved, details of how, where, and when the injury occurred, a description of the injury, specific damages you are seeking, such as a particular amount of money, if you are represented by a lawyer, the lawyer’s name, address, and telephone number, and your signature and contact information. To be clear, this is not a lawsuit. Instead, it is merely preserving your ability to make a claim. In reality, this one-year notice deadline is a tool the state uses to exclude many otherwise viable claims from being pursued against it. Accordingly, you should contact a lawyer immediately if you believe you are approaching any deadline for the best advice.
Unfortunately, the Maryland state legislature has not imposed dram shop liability. This means that a bar, tavern, or restaurant is not liable for the reasonably foreseeable consequences of the drunk person later causing injury to a third party. The most common example of this is over-serving a patron who then gets into a car accident, injuring someone. However, that statute does not exist in Maryland. Moreover, Maryland courts have refused to impose that rule, which exists in other states, in Maryland, because they do not wish to legislate from the bench (see Felder v. Butler). The same is true if you are in a fight with an overserved individual: the establishment serving the alcohol is probably not liable.
The law is a bit more nuanced regarding social host liability. Under MD Criminal Law Code § 10-117 (2024), an adult may not knowingly and willfully allow someone under 21 to possess or consume alcohol at a residence or within the curtilage of a residence that the adult owns or leases and in which the adult resides. Now, if the adult does not reside there, they may avoid liability. If an adult does violate this statute, under Kiriakos v. Phillips, he may be liable for injuries sustained. However, a plaintiff must be able to prove that the adult knowingly allowed underage drinking on their property to be liable for harm, either to the minor or to others.
In the past, gross negligence was enough to qualify for an award for punitive damages in Maryland. Gross negligence is essentially recklessness, and drunk driving could qualify. But now, under Owens-Illinois, Inc. v. Zenobia, we need actual malice to qualify for a punitive damages award. Note that this qualifies you. Nothing guarantees that you receive a punitive damages award. Even if we are successful on liability and can prove damages, punitive damages are a bonus and are discretionary. To establish actual malice, we must prove that the defendant acted with an evil motive, intent to injure, ill will, or fraud. Moreover, we must prove that the defendant did this clearly and convincingly. This is a harder burden to meet than the preponderance of the evidence standard present most of the time in a civil trial.
Interestingly, House Bill 1099 did attempt to return us to a gross negligence standard in March 2025, but that effort did not pass.
In 1998, the Maryland Court of Appeals (then the highest Court in Maryland) decided Bowden v. Caldor. The facts of the case are simple. A teenage plaintiff, Bowden, was wrongfully accused of shoplifting at a Caldor department store. Store security detained him and treated him as if he had committed theft, but the accusation turned out to be false. Bowden sued Caldor for false imprisonment and defamation. The court was tasked with clarifying how Maryland courts should review punitive damages awards for excessiveness. Below are the nine Bowden factors.
Our expertise extends beyond car accident cases; we’re skilled in navigating the complexities of Maryland negligence claims, ensuring victims receive just injury compensation. While most of the injuries we handle occur in Prince George’s County, our cases span throughout the state. Below is a list of Maryland’s most common personal injury cases and the applicable law for each.
Car accidents are the quintessential personal injury case in Maryland, and we handle them most frequently. The applicable law for car accident cases in Maryland revolves around common law civil negligence.
Truck accidents are another prevalent type of personal injury case we handle. Like car accidents, negligence law governs truck accidents. Negligence is the most common cause of action in personal injury law.
Motorcycle accidents are the third most widespread personal injury cases we handle. However, they are less common than the two previous types of accidents. Due to the lack of safety technology available on a motorcycle, accidents can have fatal consequences. Negligence law governs motorcycle accidents.
A slip and fall is a form of premises liability. It generally relates to landlords or restaurants. As the name implies, this is a fall case. If you push someone, then they are not slipping. Instead, they are falling forcefully to the ground. Negligence law governs slip and falls.
With over 70 years of practice in Maryland, we understand the challenges our clients face and the questions they ask most often. Here, we provide answers.
You do not have to go to court to be successful in a Maryland personal injury case. In fact, the vast majority of cases settle without you ever having to step into a courtroom. That said, every case is different. Whether you have to go to court will ultimately depend on how much the adverse insurer offers to settle. Having litigated hundreds of cases in our firm’s history, we have a complete idea of what cases tend to resolve for in court. Thus, we can advise you whether you should accept a settlement offer as fair or if you are better off going to trial. This depends on a variety of factors, including the credibility of your witnesses, persuasiveness of your evidence, the potential sympathy of a jury, the applicable law in Maryland, and the risks, costs, and time of litigation.
Of course, we also weigh any applicable defenses. Ultimately, our goal is to provide you with clear guidance so you can make the best decision for your needs. For example, if you have a large expense coming up, you may choose to take a settlement offer that is 90% of what your case is worth, thereby avoiding the additional year of waiting for trial. Even if your case is worth a touch more, that money may be of more value to you now. The decision is yours and yours alone.
There are a couple of ways to file suit in Maryland. These options are available even if you do not reside in Maryland. This is an issue of personal jurisdiction. The first and most obvious way to get into a Maryland court is when the accident occurs within the state. Under § 6-103(b)(3) of the MD Courts and Judicial Proceedings Code, a plaintiff can bring suit against a defendant when the alleged tortfeasor caused tortious injury in Maryland by either act or omission. This rule applies even if none of the parties involved in the accident live in Maryland.
The second method to get into the Maryland court is if the adverse driver resides in Maryland. This is true even if the injury occurred in D.C., Virginia, or some other state. One such method is to serve the tortfeasor with the process when they are in Maryland. However, this is a limited exception and is fact-dependent. Additionally, you can file suit in a Maryland court if the tortfeasor consents, even if no other rules apply.
On average, it takes eight weeks from the completion of your medical treatment to fully resolve your case via settlement and receive a check. However, many things can slow this down, namely attaining lien information and filing a lawsuit when necessary.
There are at least two unofficial phases in a personal injury case. The first phase is when you are still receiving medical treatment. If you are still going to the doctor or physical therapist regularly, it is premature to settle your case. Once you are fully discharged from treatment, we will then know what your case is worth and be ready to attempt to settle it. Our standard practice is to obtain medical bills and records from each of your providers as you finish treatment at each office. Once you complete treatment at your last medical provider, it takes about two weeks for us to complete a discharge report and post it online on ChartSwap or to mail it to us via regular mail.
Once we get the last of your bills and records, we assimilate everything into a demand letter and ship it off to the adverse insurer for settlement. It typically takes about four to six weeks to receive a settlement offer from that point. If the offer is fair, we can generally negotiate a final settlement within a week after that first offer. However, every case is different. Even the insurance employee handling your case may be out sick for a week or on vacation. Accordingly, things can get held up. We take it upon ourselves to expedite the process to ensure you achieve maximum recovery in the shortest time possible. If we feel their offer is unfair, we will notify you and advise that you reject it, and subsequently file a lawsuit.
No, there is no upfront fee to retain our Maryland attorneys for a personal injury matter. Our firm operates on contingency. This means that we only charge a legal fee if we win your case. If we do win your case via settlement, our fee is one-third of the gross recovery. If we file suit, our legal fee is 40%. In the interest of full transparency, there is also a cost element. This is something that all or nearly all personal injury fees also bake into their retainers. Although the amount is not substantial and should not deter you from retaining an attorney, it is worth mentioning briefly. Under MD Rules Attorneys, Rule 19-301.5, Comment One speaks to what is reasonable regarding expenses. The language is as follows:
“An attorney may seek reimbursement for the cost of services performed in-house, such as copying, or for other expenses incurred in-house, such as telephone charges, either by charging a reasonable amount to which the client has agreed in advance or by charging an amount that reasonably reflects the cost incurred by the attorney.”
In theory, these are fees that you would have to pay regardless of whether you hire an attorney. For example, a cost would include the retrieval of medical expenses. These are items you would otherwise pay for regardless. Thus, when we advance these costs and receive reimbursement only upon successful resolution of your case, it is not paying the lawyer for legal services. Rather, it is compensating the law firm for costs incurred. Below is a list of potential costs that would be advanced on your behalf. Also, please note that if we do not win, there is no fee. These costs are advanced and only reimbursed if we are successful.
Our office handles most consultations over the phone, as that is more convenient for most clients. However, you are always welcome to come into our office. While we do not need you to bring anything to your consultation per se, it will certainly speed up the process. Once you provide us with information on where you went to the hospital or urgent care, we can get to work on retrieving your bills and records from that provider. Of course, to do this, we will need you to complete a medical authorization form. Likewise, once you provide us with information on the adverse party’s insurer, we can contact them to get your claim started. If you have property damage, they can get to work on that immediately, whereas the process will be slower for your injuries, as we generally need to wait for you to complete your medical treatment.
Thus, while nothing is necessary for your consultation, the more information you provide us with, the more we have to go off of and can advise you on your options. Below is a list of items you should have ready for your consultation, either in-person or over the phone.
You should see a doctor for as long as you are in pain, subject to your treating doctor’s discretion. It is not a lawyer’s place to give medical advice for your injuries. Our job is to tell you how treatment might impact your case, if there is enough coverage available to pay for your bills, and to guide you through the process of making a recovery claim. While we cannot tell you when to stop or continue treatment, we can explain how consistent medical documentation strengthens your case, shows the extent of your injuries, and helps the insurance company (or other responsible party) recognize the value of your claim.
Most cases do not go before a jury. In fact, most Maryland personal injury cases do not even make it to trial, settling beforehand. From a business perspective, when the adverse insurer knows they have a losing case, it is not in their best interest to litigate the case just to pay you for your injuries anyway. Litigating a case for them incurs even higher costs. They have to pay for their own deposition costs, discovery, and attorneys’ fees. Thus, they will only litigate cases they believe they can win. This is why it is in their interest to make settlement offers. Accordingly, fewer cases go to trial.
When you file a lawsuit in District Court, you will likely get a bench trial. This means that the judge acts as both the finder of fact and the finder of law. For the run-of-the-mill injury where you are sore but do not break any bones, this is generally fine. However, if you sue for over $25,000 but less than $30,000, the defendant can remove the case to circuit court, where you will get a jury. There are advantages to the District Court, such as its speed and lower cost, with the only downside that your damages are capped at $30,000. Still, you get into court faster, the trial should be quicker, and you will not have to pay for expert witnesses as in Circuit Court.
Therefore, you will likely avoid court due to the adverse insurer’s incentive to settle. If you do go to court, you may still not go before a jury in Maryland due to the court structure that exists there. Of course, jury trials still happen. If that is the best course of action for your case, we will represent your interests and fight to maximize your compensation.
From Columbia’s busy streets to Annapolis’s scenic routes, we are committed to representing clients across the state. If you have any questions regarding something mentioned here or need assistance with injury compensation, contact us today for a free consultation.
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1634 I Street NW #350
Client Description: My issue was with an insurance company that stopped responding to my emails before my claims process was complete. I was referred to Gelb & Gelb, PC, and talked to Roger Gelb. After that, I did nothing but wait, and the dispute was settled in a way that the insurance agent surely would wish he had responded to my emails.
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