Observing the Statute of Limitations in Maryland for Personal Injury Law

When the Statute of Limitations in Maryland Begins

The three-year time limit set by the state of Maryland for personal injury claims/lawsuits generally begins the day your injury occurs. In some cases, however, an injury or illness might develop over time. For example, if the drinking water in your area is contaminated, it might take months for you to develop symptoms of illness from drinking that water. In such a case, the statute of limitations begins when you first discover or should reasonably have discovered your injury/illness.

If you miss the statute of limitations deadline by even one day, your claim or lawsuit is likely to be dismissed, preventing you from ever recovering compensation for your damages. While three years might seem like a long time, the wheels of justice often turn slowly. It’s best not to wait to contact an attorney who will be sure you adhere to all deadlines and other procedural requirements in your case.

Insurance Claims

Your first step in most personal injury cases is to file a claim for your damages against an insurance company (yours or someone else’s). Insurance companies often drag out settlement negotiations for as long as they can to delay or avoid paying claims. You must have a signed settlement agreement from the insurance company or file a suit before the three-year statute runs out.

If you’re in negotiations with an insurance company and the deadline is drawing near, your attorney will probably file a lawsuit, which will “toll” or pause the statute. Then you may continue negotiations, and the company is more likely to settle with you to avoid the expense of going to trial.

Exceptions and Extensions for the Statute of Limitations in Maryland

There are other circumstances that dictate the statute of limitations in Maryland. The clock stops running temporarily if:

You’re a minor when your injury occurs.
You’re mentally incompetent to pursue your claim.
You’re in the process of filing bankruptcy.
You’re incarcerated.
You’re injured by a hit-and-run driver who can’t be located.
The defendant in your case has disappeared and can’t be found.
You can show that it took more than three years for you to discover your injury/illness.

In some medical malpractice cases, for example, it might take longer than three years for symptoms of your injury to surface. In this case, an experienced personal injury attorney can present your medical evidence and request an extension on the statute of limitations.

Claims Against Government Agencies or Employees

If your claim is against a government employee or agency, including a government-run school or hospital, your time limit could be different from the standard three years. Claims against the federal government, for example, have a two-year statute of limitations. Claims against Maryland state agencies are even more complicated:

The Maryland Tort Claims Act (MTCA) requires you to file a claim with the state treasurer within one year after any personal injury caused by a state agency or employee.
If the treasurer denies the claim or you receive no response after six months, you may then file a lawsuit within three years from the date of the injury.

Are You or a Loved One Seeking Legal Assistance for Injuries?

When someone else’s careless behavior causes an accident that results in an injury, the victim does not have to suffer the consequences alone. Bruce Poole, our Maryland personal injury lawyer, is here to help protect the rights of injured victims, seeking justice and compensation to help obtain medical care and financial stability.

Our team stands ready to help you with your case. We have offices in Hagerstown and Frederick, and we serve clients in Baltimore, Catonsville, Lutherville-Timonium, Towson, Hunt Valley, Potomac, Columbia, Germantown, Waldorf, Silver Spring, Ellicott City, Glen Burnie, Gaithersburg, Bethesda, Rockville, Dundalk, Severn, and Annapolis. Call the Poole Law Group at 301-790-3600 or contact us online for your free consultation.