In Maryland, those filing a personal injury claim generally have to file within three years of the incident. Filing an injury claim can allow you to pursue compensation for various damages, from medical bills to emotional distress. However, different types of cases may have different deadlines, and there may be exceptions.
If you or your loved one has been injured due to someone else’s negligence, know that you are not alone. Get the support you need from Adam Smallow Injury Lawyers. Our seasoned legal team can review the details of your case and explain the applicable filing deadlines for a personal injury lawsuit. Take early action and schedule a free consultation today.
What Is the Statute of Limitations in Maryland?
A statute of limitations is the amount of time a state provides victims to file a personal injury claim. This deadline varies from state to state, with some being much more generous than others. In Maryland, most civil cases must be filed within three years of the incident, per Maryland Code, Courts & Judicial Proceedings § 5-101. That said, each case is unique, and several different circumstances can change filing deadlines.
Vehicle Accident Statute of Limitations
Vehicle accident cases fall under general personal injury laws. If you are filing a claim for a car, truck, or motorcycle accident, you have three years from the date of the incident to file a claim.
In some limited cases, the countdown for these incidents may not begin until the injury is discovered. Keep in mind that a delay can result in denial, even if the lawsuit is still valid, which makes it crucial to understand which deadlines apply to your case.
Rideshare Accident Statute of Limitations
As with any other type of car crash, accidents involving a rideshare like Uber or Lyft must adhere to the general three-year filing deadline. These cases may have unique factors, such as additional liability insurance layers, but the deadline does not change.
Workers’ Compensation Statute of Limitations
Maryland workers’ compensation claims do not follow a lawsuit deadline, but rather, administrative filing deadlines are outlined in Maryland Code, Labor & Employment § 9-709. Injured workers must generally file a claim within two years of their work injury or from their last compensation payment. If you are filing a claim under workers’ comp, you also have to provide notice to your employer, typically within 10 days of the accident.
Slip and Fall Accident Statute of Limitations
Slip and fall accidents commonly occur on public or private property, such as in grocery store aisles, on sidewalks, and in parking lots. If you were injured in a fall, you may be able to pursue a claim against the property owner, manager, landlord, or other parties, but you must do so within three years. These cases have a clear filing deadline, and complexities typically arise when determining who is responsible for the negligence that caused the injuries.
Medical Malpractice Statute of Limitations
In medical malpractice cases, where a hospital or healthcare provider has negligently caused an injury, you generally have three years to file a claim under Maryland Courts and Judicial Proceedings § 5-109. There are exceptions to this rule, especially for minors.
Typically, when a claim involves a child, the clock does not start until the injured person turns 11. However, if the injury involves damage to the reproductive system or the presence of a foreign object left inside the body, the time limit begins at age 16.
Wrongful Death Statute of Limitations
While a wrongful death case still follows the general personal injury timeline of three years, tolling begins from the date of death, not the date of the accident. As a result, the three years may not begin for days, weeks, or months after the incident.
When Do Exceptions Apply to the General Three-Year Rule?
After most Maryland accidents, you have three years to file a claim. However, there are several exceptions that may change when the clock starts, or whether it can be extended. These include:
- Discovery rule: If symptoms do not appear until later, the statute of limitations time begins to run when the victim knew or reasonably should have known about the injury and its cause.
- Minors: If the injured person is still a minor, the statute of limitations is often paused until that individual turns 18.
- Medical malpractice repose limit: Claims generally must be filed within three years of discovery or five years of the negligent act, whichever comes first.
- Mental incapacity or disability: If the victim is legally incapacitated, the statute may pause until they regain capacity.
What Is the Consequence of Missing the Filing Deadline?
Failing to file a personal injury or wrongful death claim within the stated deadline can bar you from recovery altogether. The severe implications of this make it crucial to understand which statute of limitations and exceptions apply to your case.
At Adam Smallow Injury Lawyers, our skilled attorneys can review your case, determine whether you have a claim, and explain the applicable filing statutes and dangers of waiting. Do not wait to get support. Schedule a free consultation today to learn more.
What Next Steps Should You Take After a Personal Injury?
Taking immediate, proactive steps after an accident protects both your health and your claim. Seek medical care even if you feel fine to rule out hidden injuries. If possible, document the scene, obtain a police report, and collect witness information. Keep thorough records of all medical visits and treatments. This documentation is key to supporting your claim and calculating damages. For more support with your case, consider speaking with an attorney who can answer your questions and offer guidance.
Contact an Experienced Attorney
We recommend meeting with an experienced lawyer before making any contact with insurers. Your legal advocate can handle all communications and negotiations, helping ensure you do not accept a lowball offer or otherwise jeopardize the value of your claim.
If you have been injured, reach out to our dedicated Maryland attorneys at Adam Smallow Injury Lawyers today for guidance on navigating the personal injury statute of limitations and protecting your right to compensation. Schedule your initial, free consultation by calling our personal injury law firm at (410) 449-7900.
