Posts in category: Legal Affairs

In personal injury law, some stories are easy to tell—broken bones, lost wages, medical bills. But what about chronic pain? The loss of a limb? A lifetime of trauma that never quite leaves? Those are non-economic damages, and in Maryland, there’s a cap on what you can claim for them. 

But that could soon change. 

In early 2025, state lawmakers introduced House Bill 113, a proposal to eliminate Maryland’s long-standing cap on non-economic damages in personal injury cases. For catastrophic injury attorneys and the clients we serve, it’s a potential game-changer—one that acknowledges the real cost of suffering that doesn’t come with a price tag. 

What’s the Cap Right Now?

Currently, Maryland law limits non-economic damages (pain, emotional distress, disfigurement, loss of companionship) in most personal injury cases. As of 2024, that cap stood at $935,000, adjusted annually for inflation. In wrongful death cases with multiple claimants, the total max increases slightly, but the principle is the same: no matter how severe the injury, there’s a ceiling. 

That cap has stood for decades—despite growing medical costs, evolving trauma research, and pushback from advocates. 

What HB 113 Aims to Do

HB 113, introduced during the 2025 legislative session, seeks to eliminate this cap entirely. If passed, it would: 

• Allow juries to award unlimited non-economic damages based on case-specific facts. 

• Bring Maryland in line with jurisdictions like New York and Pennsylvania, which do not impose such caps. 

• Reflect modern understandings of emotional trauma and long-term suffering. 

Proponents argue that the cap unfairly limits justice for those who suffer most—particularly in catastrophic injury cases where physical and emotional harm often outweigh economic losses. 

As dcmdlaw.com notes, many catastrophic injury attorneys believe the cap “undervalues pain” and shields negligent actors—especially large corporations and hospitals—from full accountability. 

Why This Matters for Victims

Imagine surviving a traumatic brain injury or third-degree burns. You might lose your job, sure—but you also lose independence, intimacy, peace of mind. These aren’t abstract harms. They’re real. And they shouldn’t be capped just because they’re hard to quantify. 

At The Lincoln Law Firm, we’ve represented clients whose lives were permanently changed by someone else’s negligence. For them, that damage goes far beyond bills. They deserve the chance to tell their story to a jury—and for that jury to decide the value of what they’ve lost. 

HB 113 gives juries that power back. 

Legal Community Response

Not surprisingly, insurance defense groups are pushing back. According to F&P Network, industry advocates argue that lifting the cap could lead to “excessive and unpredictable verdicts,” driving up costs across the board. 

But plaintiff-side attorneys say the current cap is arbitrary and outdated. As Patch.com reported, some lawmakers have called it “a slap in the face” to victims of medical malpractice or reckless drivers. 

This debate isn’t new—but the political climate in 2025 may finally be shifting. With neighboring states adopting more flexible models, Maryland is under pressure to reconsider its approach. 

Whether HB 113 passes or stalls in committee, it signals something important: Maryland’s legal community is rethinking how we value harm. For catastrophic injury clients, that conversation is long overdue. 

At The Lincoln Law Firm, we’ll be watching this legislation closely—and continuing to fight for outcomes that reflect not just the costs you can see, but the pain you can’t put a number on. Because real injury isn’t always visible. And justice shouldn’t be capped. 

If 2024 set the stage for family law reform in Maryland, 2025 is already building momentum. Among the quieter yet deeply impactful developments: changes to Maryland’s peace order process. 

For attorneys handling domestic matters—especially cases that fall just outside the scope of protective orders—these updates demand close attention. They don’t just shift policy. They change how we assess risk, build cases, and support clients in high-stress situations. 

What Are Peace Orders, Again?

Peace orders are Maryland’s answer to civil protection in non-domestic relationships. They’re used when the involved parties aren’t married, related, or cohabiting—think roommates, neighbors, coworkers, or ex-partners without a shared residence. They’ve always existed in a parallel lane to protective orders, but with more limited scope. 

Historically, the line between needing a peace order vs. a protective order was blurry. Many clients didn’t even know the distinction existed—until their case was thrown out. 

What’s New in 2025?

The Maryland General Assembly took up several peace order reforms during its 2025 session, building on the wave of modernization we saw with HB 1191 and HB929/SB721. Here are some of the key updates: 

• Broader eligibility: Courts now have more flexibility to grant peace orders based on repeated emotional harm or digital harassment, reflecting how abuse has evolved in the online era. 

• Longer duration options: Previously capped at six months (with rare extensions), some peace orders can now last up to a year with judicial review. 

• Faster access to interim relief: Revisions streamline how commissioners handle after-hours petitions—critical for those seeking help outside court hours. 

According to MVLS, these changes aim to make peace orders more usable and better aligned with modern realities of harassment and stalking. It’s also part of a broader trend to treat emotional and psychological harm with the same seriousness as physical threats. 

Why This Matters for Attorneys

At The Lincoln Law Firm, we’re seeing more cases that land in gray areas—where the abuse is real, but doesn’t meet the narrow definitions used in the past. These updates give us more leverage to advocate for clients facing threats that aren’t overtly violent but are still deeply harmful. 

We’re also adjusting how we screen clients. For example: 

• Social media abuse, once hard to argue under older standards, is now more clearly covered. 

• Former dating partners—especially in short or digitally-focused relationships—may now be eligible for orders that previously would have been dismissed. 

The updates also push us to consider whether peace orders might become a first line of protection rather than a last resort when protective orders aren’t available. 

Challenges to Watch

Of course, expanded eligibility means increased scrutiny. Judges will likely push back against vague or unsupported claims. Attorneys should be prepared to: 

• Present clear digital evidence (texts, screenshots, call logs) 

• Help clients articulate how repeated, non-physical actions amount to legitimate harm 

• Navigate situations where the respondent argues free speech or mutual conflict 

And while the laws have broadened, the burden of proof hasn’t changed: “clear and convincing evidence” is still the standard. 

As Brandon Bernstein Law noted in a recent post, practitioners should “expect the unexpected” in how judges interpret these new criteria. One county’s approach may differ widely from another’s—at least until the appellate courts weigh in. 

Maryland’s peace order reforms may not grab as many headlines as the state’s custody or protective order updates, but they’re no less critical. They reflect a growing awareness of how harm manifests in real life—not just in bruises, but in patterns of intimidation, surveillance, and unwanted contact. 

At The Lincoln Law Firm, we’re watching these trends closely—and adjusting our strategies accordingly. Because when the law expands to recognize more of our clients’ lived realities, it’s our job to meet that moment with clarity, care, and smart advocacy. 

Maryland just made a significant change to how survivors of abuse can secure long-term protection—and it’s about time. With the passage of HB929/SB721 in 2024, individuals can now obtain a permanent protective order by consent, not just after a contested trial or criminal conviction. 

This might sound like a small tweak, but it’s a meaningful one. For many survivors, it means a safer, more straightforward path to long-term peace of mind. 

What Changed?

Before this new law, Maryland’s permanent protective orders were mainly reserved for cases where the abuser was found guilty of specific crimes or where repeat orders were necessary. That meant survivors often had to endure lengthy court battles or wait until a criminal case wrapped up—often a slow and retraumatizing process. 

Under HB929/SB721: 

• A respondent can now consent to a permanent protective order without admitting fault. 

• Judges can issue these orders without a full trial. 

• The protection can be as durable as any court-ordered remedy stemming from a conviction. 

This reform reflects a growing awareness that survivors shouldn’t be forced into confrontational, high-stakes hearings just to get long-term safety. 

Why This Matters

At The Lincoln Law Firm, we’ve seen firsthand how retraumatizing it can be for survivors to face their abuser in court. Many clients just want it to be over—they want protection, not confrontation. 

Now, if both parties agree, they can sidestep trial entirely and still secure a permanent order. No cross-examinations. No drawn-out court appearances. No waiting on criminal proceedings. 

This option won’t be right for every case, but for many survivors, it means fewer hoops to jump through and less emotional exposure. 

What It Means for Attorneys

For family and domestic violence lawyers, this opens a new negotiation lane. It creates an incentive for abusers to settle—especially if they want to avoid the consequences of a criminal finding. It also allows attorneys to: 

• Push for permanent protection early in the case. 

• Negotiate consent-based resolutions during mediation. 

• Avoid high-conflict hearings that risk harming children or retraumatizing survivors. 

But it also raises ethical questions. Consent must be informed, voluntary, and not coerced. Judges are expected to evaluate this before issuing the order, but attorneys on both sides should be vigilant. 

Broader Impact on Survivors

According to MVLS, one of Maryland’s leading legal service providers, survivors often abandon protective order cases when they realize they must testify in open court. Consent-based permanency changes that. 

“The ability to consent to a permanent protective order creates a pathway to safety for those who don’t feel safe testifying,” said one MVLS advocate. The Daily Record reported similar praise from domestic violence coalitions across the state. 

And it’s not just symbolic. These orders can include provisions for no contact, stay-away zones, custody, and even firearm restrictions—just like trial-based orders. 

What’s Next?

The law is now in effect, and we’re already seeing an uptick in attorneys negotiating for consent-based resolutions. Judges are adapting, too—asking better questions to ensure consent is real, not coerced. 

Still, like any new tool, it’ll take time to see how courts apply it in practice. Some judges may be cautious, others more open. But the law is clear: if both sides agree and the survivor wants it, a permanent protective order can be granted without the trauma of trial. 

At The Lincoln Law Firm, we see this as a long-overdue shift—one that puts the survivor’s needs first. If you or someone you know is considering a protective order, know that the legal landscape in Maryland has changed. And sometimes, change means finally being heard without having to shout.