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Maryland's Statute of Limitations for Personal Injuries

Posted on behalf of Peter T. Nicholl in Employment Jun 29, 2018

If you were a victim of another person’s negligence, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. However, there is a statute of limitations that sets a deadline for filing a lawsuit. If you do not file a lawsuit before the deadline passes, you lose the right to do so.

Below, learn more about Maryland’s statute of limitations for personal injury claims and some of the exceptions that may apply. If you need help with your personal injury case, contact our Maryland personal injury lawyers now.

How Long Do I Have to File a Personal Injury Lawsuit in Maryland?

In Maryland, personal injury victims have three years from the date of their injury to file a lawsuit (Code of Maryland §5-101). In most cases, the clock begins to run on the date of the accident that led to your injury. This applies to various types of cases, including car accidents, motorcycle accidents, defective products, nursing home abuse and truck crashes.

In cases of medical malpractice, the statute of limitations is three years from the date you discover the injury, or five years from the date the injury occurs, whichever is earlier. Medical malpractice injuries are not always discovered right away, so that is why you are given up to two years to discover the injury and another three years to file legal action from the date the injury occurs.

If you attempt to file a lawsuit after the deadline has passed, you will either not be able to file or your case will be dismissed.

Exceptions to the Statute of Limitations

Maryland law does allow certain exceptions to the statute of limitations:

• If you are mentally disabled when the incident causing injury occurs, the statute of limitations does not begin to run until your period of disability ends. Once you are declared legally competent, the statute of limitations will start to run.
• If you are a minor when the incident causing injury occurs, the statute of limitations will not begin until your 18th birthday.
• If the defendant who caused your injury makes an effort to fraudulently conceal his or her liability, you may not discover his or her negligence until after the statute of limitations runs out. In this case, the statute of limitations will not begin until you discover or should have reasonably discovered the defendant’s negligence by exercising due diligence.

Schedule a Free Consultation to Discuss a Lawsuit

If you have suffered an injury caused by someone else’s negligence, the legal team at The Law Offices of Peter T. Nicholl may be able to help you recover the compensation you deserve. We will review your case and inform you of your legal options for pursuing compensation for your medical bills, lost wages, and pain and suffering.

Request a free, no obligation consultation with our legal team today. When you work with our firm, there are no upfront fees or risks. Our firm is only paid if we recover compensation for your claim.

Call 410-244-7005 or fill out our Free Case Review form now.