Maryland Asbestos & Mesothelioma Lawsuits: Deadlines, Claims, and Legal Options

From the steel mills and shipyards of Sparrows Point to the power plants along the Chesapeake Bay, Maryland's industrial corridor has left a devastating legacy of asbestos exposure throughout the Old Line State. Our comprehensive database documents 2,199 asbestos exposure sites across 242 Maryland communities—from the massive Bethlehem Steel complex at Sparrows Point to Baltimore's shipyards and power plants, and from the chemical facilities in Curtis Bay to military installations like Edgewood Arsenal.

Maryland offers strong protections for mesothelioma families through its well-developed legal framework. The state follows a discovery rule for its three-year filing deadline, uses contributory negligence principles that can be challenging but also provide clear liability standards, and has extensive case law from decades of asbestos litigation. Maryland's courts have deep experience with complex industrial exposure cases, particularly from the Bethlehem Steel legacy, making it a jurisdiction where skilled representation can achieve substantial recoveries.

Time is important in Maryland. The state's three-year discovery rule means your family has until 2027 to file if diagnosed in 2024. While this provides more time than some states, Maryland's complex contributory negligence rules make early investigation and expert legal representation essential to building the strongest possible case.

This page is part of our broader mission. I started this firm after learning that the cancers that killed my father and grandparents were caused by asbestos—something we didn't realize until it was too late to hold anyone accountable. That experience is why we built this site: to make sure no other family misses their chance.

— Firm Founder, Justinian Lane

If you’re trying to make sense of complex legal and medical terms, our Asbestos Lexicon explains the terminology in plain English. For a deeper understanding of how mesothelioma lawsuits actually work—from proving liability to calculating damages—visit our Complete Guide to Mesothelioma Lawsuits.

Free Case Review | No Fees Unless We Win | Call 833-4-ASBESTOS

Maryland Asbestos Summary

Maryland Asbestos Law Details

Maryland allows mesothelioma victims and their families to bring lawsuits under a framework that blends traditional negligence principles with strict procedural rules. The state applies a three-year statute of limitations but follows the discovery rule in most cases, giving some flexibility for asbestos-related diagnoses. Maryland uses contributory negligence, which can bar recovery entirely if the plaintiff is even 1% at fault, making legal strategy especially important. Noneconomic damages are capped, but economic and punitive damages remain available in appropriate cases. The state also follows the Daubert standard for expert testimony and permits both wrongful death and survival claims.

Statutes of Limitations and Repose

Maryland applies a three-year statute of limitations for personal injury claims, including those involving asbestos-related diseases (Md. Code Ann., Cts. & Jud. Proc. § 5-101). However, the state follows the discovery rule, which means the clock starts when the plaintiff knew or reasonably should have known both the injury and its cause (Poffenberger v. Risser, 290 Md. 631 (1981)). In asbestos cases, this typically means the date of diagnosis triggers the filing period—not the original exposure decades earlier.

For wrongful death claims, the action must be filed within three years of the date of death, regardless of when the connection to asbestos is discovered (Md. Code Ann., Cts. & Jud. Proc. § 3-904(g)). Maryland courts have interpreted this deadline strictly, even in cases involving latent injuries.

Maryland does not impose a separate statute of repose in product liability or toxic tort cases, allowing asbestos-related claims to be filed decades after exposure so long as the statute of limitations is met.

Eligibility to Sue

Anyone diagnosed with mesothelioma, asbestosis, or another asbestos-related condition may file a personal injury claim in Maryland. If the injured person dies, their estate may file a survival action for harms incurred before death (Md. Code Ann., Cts. & Jud. Proc. § 6-401), and their statutory beneficiaries—such as a spouse, child, or parent—may bring a wrongful death claim (§ 3-904).

Maryland recognizes loss of consortium claims for spouses, but not for children or parents. These are typically filed in conjunction with the primary personal injury action.

Workers’ Compensation Limitations

Under Maryland’s Workers’ Compensation Act, employees generally cannot sue their employers for asbestos-related workplace exposure. The Act serves as the exclusive remedy, unless the worker can prove the employer acted with deliberate intent to injure (Md. Code Ann., Lab. & Empl. § 9-509(d)).

However, employees can still sue third parties, such as manufacturers, contractors, or premises owners. The employer or its insurer is entitled to reimbursement from any third-party settlement or verdict (§ 9-902).

Maryland courts have recognized take-home exposure claims, allowing family members who were exposed to asbestos fibers brought home on clothing to sue manufacturers and premises owners under negligence theories (Georgia-Pacific v. Farrar, 432 Md. 523 (2013)).

Damages and Caps

Maryland allows full recovery of economic damages, including:

• Medical bills,

• Lost wages and earning capacity,

• Caregiving costs, and

• Funeral expenses in wrongful death cases.

For noneconomic damages (pain, suffering, disfigurement), Maryland imposes a statutory cap under Md. Code Ann., Cts. & Jud. Proc. § 11-108(b). As of 2024, the cap is approximately $935,000 for personal injury claims, adjusted annually for inflation. In wrongful death cases with multiple beneficiaries, the cap increases by an additional 150% (approx. $1.4 million in total), though still subject to adjustment.

Punitive damages are allowed only where the plaintiff proves actual malice—meaning intent to harm or evil motive—by clear and convincing evidence (Owens-Illinois, Inc. v. Zenobia, 325 Md. 420 (1992)). Negligence, recklessness, or even gross negligence is not sufficient under Maryland law. As a result, punitive damages are rarely awarded in asbestos litigation.

Comparative Fault and Joint Liability

Maryland is one of the few states that still applies pure contributory negligence. If a plaintiff is found even 1% at fault, they are barred from recovery (Coleman v. Soccer Ass’n of Columbia, 432 Md. 679 (2013)). This makes factual investigation and defendant targeting crucial in asbestos litigation.

Maryland retains joint and several liability, which means any defendant found liable can be held responsible for the full judgment. That defendant may later seek contribution from other responsible parties (Md. Code Ann., Cts. & Jud. Proc. § 3-1402). This can be helpful for plaintiffs when some defendants are bankrupt or judgment-proof.

Collateral Source Rule

Maryland follows the traditional collateral source rule, which prohibits the defendant from reducing damages based on payments made by insurance, Medicare, or other third parties (Haischer v. CSX Transp., Inc., 381 Md. 119 (2004)). Plaintiffs may recover the full amount billed, even if providers accepted less.

There is an exception in medical malpractice cases, but it does not apply to asbestos claims.

Standards of Proof and Causation

To succeed in an asbestos case, a Maryland plaintiff must prove that a defendant’s product or conduct was a substantial factor in causing the illness (Lohrmann v. Pittsburgh Corning Corp., 782 F.2d 1156 (4th Cir. 1986), adopted in Eagle-Picher Industries, Inc. v. Balbos, 326 Md. 179 (1992)). This standard requires showing both exposure to the defendant’s product and that the exposure was significant enough to contribute to the disease.

Maryland follows the Daubert standard for expert testimony under Md. Rule 5-702, which requires courts to assess:

• The reliability of the expert’s methodology,

• Whether the theory is generally accepted in the field, and

• Whether the expert reliably applied the method to the facts (Rochkind v. Stevenson, 471 Md. 1 (2020)).

This approach makes expert selection and preparation especially critical in Maryland asbestos cases.

Wrongful Death and Survival

Maryland allows both wrongful death and survival actions. Wrongful death claims are brought by family members for their personal loss due to a loved one’s death (Md. Code Ann., Cts. & Jud. Proc. § 3-904). Survival actions are brought by the estate to recover for the decedent’s pain and suffering, lost wages, and medical costs incurred before death (§ 6-401).

These claims may be filed together or separately. Survival damages are subject to the general cap on noneconomic damages; wrongful death caps depend on the number of beneficiaries.

How Maryland Law Works in Practice

Meet Margaret, a 70-year-old retired hospital laundry worker from Baltimore. From the late 1970s through the early 1990s, she washed linens and work uniforms from maintenance and boiler crews who regularly handled asbestos insulation. In July 2024, after months of chest pain and breathlessness, she was diagnosed with pleural mesothelioma.

Because Maryland follows the discovery rule, Margaret’s three-year statute of limitations began in July 2024—when she learned her illness was asbestos-related (Md. Code Ann., Cts. & Jud. Proc. § 5-101; Poffenberger v. Risser). That gives her until July 2027 to file a personal injury lawsuit, even though her last exposure was over 30 years ago.

Margaret’s exposure came from laundering contaminated work clothes. Fortunately, Maryland courts recognize take-home asbestos exposure claims under traditional negligence principles (Georgia-Pacific v. Farrar, 432 Md. 523). Her attorneys can sue the contractors or companies responsible for the original exposure if they owed a duty of care to foreseeable household contacts like Margaret.

Because Margaret never worked directly with asbestos, her attorneys must carefully build the case using expert testimony from occupational health specialists and industrial hygienists. Maryland follows the Daubert standard, so the court will review whether the expert’s methods are reliable and properly applied (Md. Rule 5-702; Rochkind v. Stevenson).

To recover damages, Margaret must also prove that asbestos from the defendant’s product or property was a substantial factor in causing her disease (Lohrmann v. Pittsburgh Corning; Eagle-Picher v. Balbos). She may name multiple defendants, and because Maryland still uses joint and several liability, any one of them may be required to pay the full award if others are bankrupt or unavailable (Md. Code Ann., Cts. & Jud. Proc. § 3-1402).

Maryland’s pure contributory negligence rule means that if Margaret is found even 1% at fault—for example, if a jury believes she ignored safety guidance—she could be barred from recovery (Coleman v. Soccer Ass’n). Her attorneys must present strong evidence to preempt any blame-shifting arguments.

Margaret can seek full economic damages and noneconomic damages (pain, suffering, emotional distress). However, her noneconomic award will be subject to Maryland’s cap—currently around $935,000, adjusted annually (§ 11-108). If she passes away, her family may bring a wrongful death claim, with an increased cap if multiple beneficiaries are involved.

Finally, because Maryland follows the traditional collateral source rule, the defendant cannot reduce Margaret’s award by showing that Medicare or insurance paid some of her medical bills (Haischer v. CSX). She may recover the full billed amount, enhancing her potential recovery.

This is a hypothetical example based on real Maryland law. Every case is different. If you or someone you love has been diagnosed with mesothelioma, call 833-4-ASBESTOS to find out how Maryland law may affect your rights.

Why Choose Our Firm to Handle Your Family's Maryland Mesothelioma Case?

Our proprietary database contains detailed records of 2,199 asbestos exposure sites across 242 Maryland communities—from Baltimore's massive industrial complexes to the legendary Bethlehem Steel facilities at Sparrows Point. While other firms spend months investigating your exposure history, we often know within days which companies owe you compensation.

The Result? Faster trust claims, stronger lawsuits, and maximum recovery for your Maryland family—because we've already done much of the detective work your case requires.

Learn more about our firm and our database

Maryland Database Highlights:

If you or someone in your family has been diagnosed with mesothelioma or another asbestos-related disease, our firm can begin helping your family today. Here's how:

Asbestos Trust Claims

Hundreds of companies have set aside billions specifically for asbestos victims. These claims often resolve faster than lawsuits and don't require going to court. Our Maryland database contains detailed records of which trust-affiliated companies supplied materials to sites across the state—from Bethlehem Steel's Sparrows Point complex to Baltimore's shipyards and power plants.

For example, if you worked at Bethlehem Steel's Sparrows Point facility where Quigley Company and Pittsburgh Corning products were extensively used (Quigley's refractory insulation for the steel mill's high-temperature furnaces and Pittsburgh Corning's insulation products for fireproofing throughout the shipyard and steel plant) we can file your Quigley Company Asbestos Trust claim (potentially recovering $200,000 to $450,000) and your Pittsburgh Corning Corporation Asbestos Trust claim (potentially recovering $175,000 to $500,000) immediately for mesothelioma cases.

Asbestos Lawsuits

You can hold companies accountable through Maryland's experienced court system. Our database strengthens your case with documented evidence and court precedents from Maryland worksites. We don't just argue you were exposed—we can cite specific depositions and trial records that already established liability at facilities like Bethlehem Steel's Sparrows Point operations.

Our database contains detailed records from Maryland's industrial sites, including testimony about which defendants' products were used in steel manufacturing, shipbuilding, power generation, and chemical processing. This gives us crucial evidence about product failures and safety violations specific to Maryland's industrial environment.

Asbestos Disability Claims

Both Social Security and VA benefits provide monthly income while you pursue other compensation options. These are benefits you've already earned, and our specialized military database is particularly powerful for veterans. Maryland's Edgewood Arsenal, Andrews Air Force Base, and extensive maritime facilities mean many residents have potential VA claims from service exposure.

Our records are especially valuable for workers in Maryland's defense-related manufacturing and military installations, helping prove exposure that gets disability claims approved faster.

Learn more about the legal options available to your family

Ready to Pursue Your Maryland Mesothelioma Case?

Whether you were exposed to asbestos at Bethlehem Steel's Sparrows Point facilities, Baltimore's shipyards, or any of Maryland's documented exposure sites, our experienced mesothelioma team is ready to fight for your rights within Maryland's legal framework.

Why Maryland's Experience Matters:

• Three-year filing deadline from diagnosis provides adequate time for thorough case development

• Extensive case law from decades of Bethlehem Steel and shipyard litigation creates favorable precedents

• Maryland courts understand complex industrial exposure scenarios and multiple defendant cases

• No damage caps mean full recovery is possible for all losses

What We'll Do for Your Maryland Family:

• Comprehensive case evaluation leveraging Maryland's extensive industrial exposure precedents

• Immediate trust claim filings using our proprietary database of Maryland exposure sites

• Strategic lawsuit preparation based on decades of Maryland asbestos litigation experience

• Expert navigation of Maryland's contributory negligence rules to maximize recovery potential

Get started today. Our Maryland mesothelioma team understands both the state's rich industrial history—from Bethlehem Steel to the Port of Baltimore—and Maryland's well-developed legal framework for asbestos cases, and we're ready to put that expertise to work for your family.

Free Case Review | No Fees Unless We Win | Call 833-4-ASBESTOS