Statute of Limitations Auto Accident PI Cases
The statute of limitations laws for an auto accident personal injury case in Maryland are important to understand, as they dictate the timeframe within which you must file a lawsuit to seek compensation. Here is a detailed explanation:
- General Statute of Limitations for Personal Injury
- Three-Year Limit: In Maryland, the statute of limitations for filing a personal injury lawsuit, including auto accident cases, is three years from the date of the accident. This means that if you were injured in a car accident, you have three years from the date the accident occurred to file a lawsuit in the state’s civil court system.
- Legal Reference: The relevant law is outlined in Maryland Courts and Judicial Proceedings Code § 5-101, which states that a civil action must be filed within three years from the date the cause of action accrues.
- Exceptions to the General Rule
There are certain situations where the statute of limitations may be extended or shortened:
- Minors: If the injured party is a minor (under 18 years old) at the time of the accident, the statute of limitations is tolled (paused) until the individual turns 18. This means that the injured minor has until their 21st birthday to file a lawsuit.
- Discovery Rule (Medical Malpractice): Although not typically applied to car accidents, the discovery rule can extend the statute of limitations in cases where the injury was not immediately apparent. In most personal injury cases like auto accidents, however, the three-year limit starts from the date of the accident.
- Mentally Incapacitated Individuals: If the injured person is mentally incapacitated at the time of the accident, the statute of limitations may be tolled until they regain capacity.
- Wrongful Death Claims: If an auto accident results in death, the statute of limitations for filing a wrongful death claim is generally three years from the date of death, not necessarily the date of the accident.
- Importance of Filing Within the Statute of Limitations
- Losing the Right to Sue: If you do not file your lawsuit within the three-year statute of limitations, you will likely lose your right to pursue compensation in court. The opposing party can file a motion to dismiss the case, and the court will typically grant it based on the expired limitations period.
- Impact on Settlement Negotiations: Filing close to the expiration date can impact your negotiating leverage with insurance companies. Insurance adjusters are aware of deadlines and may delay negotiations if they believe you are running out of time.
- Special Considerations
- Property Damage Claims: The statute of limitations for property damage claims resulting from an auto accident is also three years from the date of the accident.
- Government Claims: If the accident involves a government vehicle or a government entity, different rules and shorter timelines may apply. For example, in Maryland, claims against state or local government entities generally require that you provide notice of your claim within one year from the date of the accident and file the lawsuit within three years.
- Out-of-State Residents: If you were injured in Maryland but reside in another state, Maryland’s statute of limitations still applies if you choose to file the lawsuit in Maryland.
- Steps to Take to Protect Your Rights
- Act Quickly: Even though three years may seem like ample time, it’s crucial to act quickly to ensure all evidence is preserved, witnesses are still available, and you receive necessary medical treatment and documentation.
- Consult an Attorney: An experienced personal injury attorney can help ensure you meet all filing deadlines and avoid any issues related to the statute of limitations.
- Gather and Preserve Evidence: Start collecting evidence such as medical records, police reports, witness statements, and photos from the accident scene as soon as possible.
Conclusion
In Maryland, the statute of limitations for filing an auto accident personal injury lawsuit is generally three years from the date of the accident. Missing this deadline can prevent you from recovering any compensation for your injuries and damages. It is important to act promptly and consult with a personal injury attorney to ensure you meet all deadlines and protect your legal rights.
Call the Law Office Of Caroline Norman Frost for a free consultation.