Statute of Limitations in Maryland Personal Injury Cases
Understanding the Deadlines to Protect Your Rights
If you’ve been injured in an auto accident or other personal injury incident in Maryland, it’s crucial to understand the statute of limitations that applies to your case. Missing this deadline can bar you from recovering the compensation you deserve. At The Law Office of Caroline Norman Frost, we’re here to help you navigate Maryland’s legal system and ensure you meet all necessary deadlines. Call us today at 240-439-1922 for a free consultation.
Overview of Maryland’s Three-Year Statute of Limitations
The statute of limitations is the time limit you have to file a personal injury lawsuit. In Maryland:
- Personal Injury Cases: You have three years from the date of the accident or injury to file a lawsuit (Md. Code, Courts and Judicial Proceedings, § 5-101).
- Property Damage Claims: Similarly, claims for property damage also have a three-year statute of limitations.
This deadline applies to personal injury cases involving:
- Car accidents.
- Truck accidents.
- Motorcycle accidents.
- Slip and fall incidents.
- Medical malpractice.
- Product liability claims.
If you fail to file within this time frame, the court will likely dismiss your case, and you will lose your right to recover compensation for your injuries and damages.
Consequences of Missing the Deadline
If you miss the statute of limitations for your Maryland personal injury case:
- Loss of Legal Rights: You will lose the ability to file a lawsuit, even if the at-fault party was clearly negligent.
- No Leverage in Negotiations: Without the option to file a lawsuit, insurance companies are unlikely to offer a fair settlement.
- Financial Burden: You may be left to cover medical bills, lost wages, and other expenses out of pocket.
Why You Need an Attorney:
An experienced attorney can help ensure all paperwork is filed on time and preserve your legal rights. At The Law Office of Caroline Norman Frost, we manage every aspect of your case to meet deadlines and avoid costly mistakes.
Exceptions to the Rule
Although Maryland’s statute of limitations is strict, there are some exceptions that may extend the filing deadline:
- Minors (Under 18 Years of Age):
If the injured party is a minor, the statute of limitations is tolled (paused) until the individual turns 18. The three-year time frame begins on the minor’s 18th birthday.
- Discovery Rule:
In some cases, injuries are not immediately apparent, or the victim does not discover the cause of their injury until later. For example:
- Medical malpractice cases where symptoms emerge years after a procedure.
- Product liability cases where a defective product causes harm over time.
Under Maryland law, the statute of limitations begins when the injury is discovered or reasonably should have been discovered.
- Fraud or Misrepresentation:
If the at-fault party conceals their wrongdoing, the statute of limitations may be extended until the fraud is discovered.
- Cases Involving Government Entities:
If your claim is against a government agency (e.g., a state or city vehicle caused the accident), Maryland law requires you to file a notice of claim within one year of the injury under the Maryland Tort Claims Act (Md. Code, State Government, § 12-106) or Local Government Tort Claims Act (Md. Code, Courts and Judicial Proceedings, § 5-304).
How The Law Office of Caroline Norman Frost Can Help
Navigating Maryland’s personal injury laws can be complex, and understanding the statute of limitations is just one piece of the puzzle. At The Law Office of Caroline Norman Frost, we provide:
- Timely Filing:
- We ensure your case is filed within all applicable deadlines, including shorter time frames for claims against government entities.
- Thorough Case Preparation:
- Our team gathers evidence, consults with experts, and builds a strong case well before the deadline.
- Identifying Exceptions:
- If an exception applies to your case, we work to extend your filing deadline and protect your rights.
- Aggressive Representation:
- Whether through settlement negotiations or courtroom litigation, we fight to maximize your compensation for medical bills, lost wages, and pain and suffering.
Call-to-Action
Time is critical in personal injury cases. The longer you wait, the harder it becomes to gather evidence and build a strong case. Don’t wait—contact The Law Office of Caroline Norman Frost today at 240-249-2269 for a free consultation.
Preserve your rights and get the compensation you deserve.
Contact Us Now