How Long Do You Have to File a Personal Injury Claim in Maryland?
If you’ve been injured due to someone else’s negligence, you might be wondering how long you have to seek compensation. In Maryland, the law provides a specific time window to file a personal injury lawsuit. Missing this deadline could mean forfeiting your right to pursue damages, regardless of how severe your injuries are.
This article explains Maryland’s statute of limitations, possible exceptions, and why swift action is vital to protecting your claim.
What Is Maryland’s Statute of Limitations?
Under Maryland law, the statute of limitations for most personal injury claims is three years. This means you have three years from the incident date to file your lawsuit in court. This timeline applies to a variety of personal injury cases, including:
- Car accidents
- Slip-and-fall incidents
- Medical malpractice
- Defective products
For example, if you were injured in a car accident on January 1, 2024, you must file your lawsuit no later than January 1, 2027. Filing even a day late could result in the dismissal of your case, no matter how valid or strong your claim might be.
The Importance of the Deadline
The statute of limitations serves an essential function in the legal system. It ensures that cases are brought forward in a timely manner, while evidence is still accessible and witness memories remain fresh. Courts take these deadlines seriously, and there’s little to no flexibility if you miss them.
Exceptions to the Rule
While the three-year limit is standard, Maryland law allows for certain exceptions. These situations can extend or delay the filing deadline:
1. Claims Involving Minors
If the injured party is under 18, the clock doesn’t start ticking until their 18th birthday. For instance, if a 17-year-old is injured in an accident, they would have until their 21st birthday to file a claim.
2. The Discovery Rule
In cases where an injury isn’t immediately apparent, the statute of limitations begins when the injury is discovered—or reasonably should have been discovered. This is common in medical
malpractice cases. For example, a patient may only realize months or even years later that a surgical error caused their ongoing pain or complications.
3. Government Claims
If your claim involves a Maryland government agency or public employee, you may face a shorter deadline. In most cases, you must provide written notice of your claim within one year of the incident. Failure to meet this requirement can result in losing your right to sue.
Why You Should Act Quickly
Even if you think you have plenty of time, it’s crucial to act promptly. Evidence can deteriorate, disappear, or become harder to obtain as time goes on. Surveillance footage may be erased, accident reports may go missing, and witnesses may forget critical details. The sooner you start the process, the better your chance of gathering strong evidence.
Additionally, insurance companies often use delay tactics to weaken your claim. If they sense you’re approaching the statute of limitations deadline, they might refuse to negotiate in good faith, hoping you’ll miss the window to file your lawsuit.
The Risks of Missing the Deadline
The consequences of missing the statute of limitations are severe. Once the deadline passes, your case is typically barred, meaning you lose your right to recover compensation entirely. This includes reimbursement for medical bills, lost wages, property damage, and pain and suffering.
Consider this real-life example: A Maryland resident injured in a workplace accident waited too long to file their claim, mistakenly believing the employer’s insurance would resolve everything. When the insurer ultimately denied the claim, the individual’s window to file a lawsuit had closed. This case underscores the importance of knowing—and adhering to—the filing deadlines.
Building a Strong Case
Meeting the deadline is just the first step in filing a personal injury lawsuit. You’ll need a strong case to secure compensation. This involves:
- Collecting medical records and bills
- Gathering witness statements
- Preserving physical evidence
- Consulting with experts, such as accident reconstruction specialists or medical professionals
Maryland’s statute of limitations for personal injury claims is three years, but exceptions and unique circumstances can complicate matters. Acting promptly and seeking professional legal advice can make all the difference in securing the justice and compensation you deserve. If you have a personal injury claim, contact the Law Offices of Nicholas Parr in Baltimore, MD, today to schedule a free consultation. We don’t get paid unless you win.
