Personal Injury Statute of Limitations in Maryland

If you’ve been injured due to someone else’s negligence in Maryland, you may wonder how long you have to file a personal injury claim.

Understanding the Maryland statute of limitations for personal injury is critical to preserving your legal rights. Missing this deadline could mean losing your ability to seek compensation for your injuries, no matter how strong your case may be.

At Southern Maryland Law, we’ve served the local community for over 60 years and understand the importance of acting promptly in legal matters. Below, we break down the key points about the statute of limitations in Maryland and explain why filing on time is essential for your case.

What Is the Maryland Statute of Limitations for Personal Injury?

The Maryland statute of limitations for personal injury cases is generally three years from the date of the injury. That means if you have been injured in a car accident, slip and fall, or any other type of personal injury incident, you have three years from the date the injury occurred to file your claim in civil court. The legal basis for this timeframe is found in the Maryland Courts & Judicial Proceedings Code, which sets the general three-year deadline for filing most civil cases, including personal injury lawsuits.

Why Is the Statute of Limitations Important?

The statute of limitations sets a firm deadline for taking legal action. If you miss this deadline, the court will likely dismiss your case, and you’ll lose your right to pursue compensation. In the context of personal injury, this could mean being unable to recover damages for medical bills, lost wages, pain and suffering, or any other losses stemming from your injury.

At Southern Maryland Law, we have seen too many individuals miss this critical deadline, losing their chance to hold the responsible party accountable. That’s why we always encourage our clients to contact a personal injury attorney as soon as possible after an injury.

Are There Any Exceptions to the Statute of Limitations in Maryland for Personal Injury?

While the general rule is a three-year limit, some exceptions to the Maryland statute of limitations for personal injury may extend or shorten the time you have to file a claim. These exceptions are rare, but understanding them is crucial.

Minors and Legal Disabilities

If the injured person is a minor (under 18) or is legally incapacitated at the time of the injury, the statute of limitations may be extended. In cases involving minors, the three-year clock typically does not start ticking until the individual turns 18. For example, a 16-year-old injured in an accident will generally have until their 21st birthday to file a personal injury claim.

Discovery Rule

Under certain circumstances, the statute of limitations may be extended under what is known as the “discovery rule.” This rule applies when the injury or harm is not immediately apparent. In such cases, the statute of limitations may begin when the injury was discovered or reasonably should have been discovered. For example, in medical malpractice cases, the injury may not become apparent until months or even years after the negligent act. However, in no case can the statute of limitations exceed 5 years from the date of negligence, even in a medical malpractice case where you don’t discover the problem until later.

Government Claims

If your personal injury claim is against a government entity, you must follow a different and much shorter deadline. For claims against the state, county, or local government in Maryland, you are generally required to file a notice of your claim within one year of the injury under the Maryland Tort Claims Act. Failure to file this notice in time could prevent you from pursuing your claim.

Workers’ Compensation Claims

You have an additional 2 months, in addition to the usual 3 years, to file a personal injury lawsuit if your injury is the result of a workers’ comp claim. That is because the workers’ comp insurance company has an exclusive right to file suit in the first 2 months.

The Impact of Filing Too Late

Filing a personal injury claim after the statute of limitations has expired is almost always fatal to your case. The court will dismiss your claim outright, leaving you with no legal recourse. It’s essential to understand that the statute of limitations isn’t just a guideline—it’s a strict legal rule that courts enforce.

That’s why it’s crucial to act quickly after an injury. The sooner you speak to a qualified attorney, the better your chances of preserving evidence, interviewing witnesses, and building a strong case. Even if you think the deadline is far off, getting legal advice early can help protect your rights.

At Southern Maryland Law, we pride ourselves on offering personalized service and ensuring our clients feel informed and supported throughout the legal process. We are always here to answer your questions and guide you through your personal injury case.

Why You Should Act Now

Given the strict timelines imposed by the statute of limitations in Maryland for personal injury, delaying could be detrimental to your case. Not only does it risk your ability to file, but waiting too long can also result in losing valuable evidence and witnesses whose memories may fade over time.

At Southern Maryland Law, we understand that personal injury cases are unique and require individualized attention. If you’ve been injured, don’t wait. Call us today to schedule a consultation with an experienced personal injury attorney who will help you navigate the complexities of Maryland’s laws and ensure that your case is filed in time.

Contact Southern Maryland Law

The Maryland statute of limitations for personal injury is a critical legal rule every injury victim must understand. In most cases, you have three years from the date of the injury to file your claim, but exceptions exist, and they could impact your case. Acting promptly is essential to protecting your rights and securing the compensation you deserve.

At Southern Maryland Law, we’ve been helping individuals like you for over 55 years and are proud to be a trusted resource in the community. Our experienced and knowledgeable attorneys can provide guidance on complying with Maryland’s filing deadlines, as well as asserting any exceptions applicable to your case. If you or a loved one has been injured, don’t risk missing the statute of limitations. Reach out to us today for a no-obligation consultation with one of our personal injury attorneys and find out how we can help you take the next step toward justice.