If you’ve suffered a personal injury in Maryland, it’s crucial to understand how long you have to file a lawsuit. The statute of limitations is a legal time limit imposed by the state, and it determines how long plaintiffs have to bring their claims to court. If you don’t file before the statute of limitations, it can stop you from getting the compensation that you deserve. What should you know about Maryland’s statute of limitations?
What Is the Statute of Limitations?
The statute of limitations is how long you have to file a lawsuit after you’ve been hurt or injured. While there are a few select exceptions, Maryland’s statute of limitations is generally three years for personal injury cases. The clock typically starts on the date of the accident or injury. This means that if you were involved in a car accident, for example, you would have three years from the date of the accident to file a personal injury claim.
What Types of Cases Are Exceptions to the Personal Injury Statute of Limitations?
While most personal injury cases in Maryland follow the three-year rule, certain situations may have different time limits or considerations. What are some of the most common exceptions?
- Medical Malpractice: If your injury is the result of medical malpractice, Maryland law requires that you file your claim within five years from the date the injury was committed or three years from the date the injury was discovered, whichever comes first. This is to acknowledge the fact that some injuries or medical errors are not immediately apparent.
- Wrongful Death: In cases of wrongful death, the statute of limitations is generally three years from the date of the deceased person’s death, not the date of the accident or injury. Depending on the specifics of your case, this could add weeks or months to the time that you have to file.
Are There Any Other Exceptions?
In some cases, the statute of limitations may be “tolled,” or paused, to allow for an extension. This is not common, but it can occur in rare cases, like:
- Minors: If the injured party is under the age of 18 at the time of the accident, the statute of limitations is typically paused until they reach the age of majority (18 years old). For example, if a minor was injured in a car accident at age 16, they would have until their 21st birthday to file a personal injury claim.
- Incapacitation: If the plaintiff is mentally incapacitated or unable to file due to a disability, the statute of limitations may also be tolled. This provision ensures that individuals who can’t act on their own behalf are not unfairly deprived of their legal rights.
- Discovery Rule: In some personal injury cases, the statute of limitations may begin when the injury is discovered, rather than when the accident occurred. This is particularly relevant for cases involving latent injuries, like exposure to dangerous substances or certain medical malpractice cases, where harm is not immediately obvious.
Why Does the Statute of Limitations Exist?
It might seem unfair when you are the one who suffered an injury, but the statute of limitations serves an important purpose. It helps to ensure that lawsuits are filed while evidence is still fresh and witnesses’ memories are intact and provide a fair trial for both the plaintiff and the defendant. It also gives defendants peace of mind knowing that they won’t face a lawsuit many years after the incident occurred when the details are difficult to recall and evidence may no longer be available.
Partner with an Experienced Attorney at The Law Office of Elizabeth Anu Lawrence
If you or a loved one are concerned about workplace injuries, choose an experienced firm like the Law Office of Elizabeth Anu Lawrence to give you the help you need. Please give us a call at 443.352.3201. Skype and telephone consultation are both available to clients.