Maryland Statute Of Limitations Personal Injury

Key Takeaways

• Maryland generally requires injured people to file a personal injury lawsuit within 3 years of the date of the accident.
• Intentional torts like assault or slander carry a shorter one-year filing deadline under Maryland law.
• Wrongful death claims must generally be filed within three years of the person’s death.
• The discovery rule can extend deadlines when an injury is not immediately apparent after the incident.
• Claims against a local government agency often require formal notice within one year of the injury.

A single missed deadline can end an otherwise solid injury claim before it ever reaches a courtroom. Anyone searching for the Maryland statute of limitations for personal injury law needs a straightforward answer: in most cases, an injured person has 3 years from the date of the accident to file suit. That deadline applies to car accidents, slip-and-fall accidents, dog bites, and many other everyday injuries across the state. Waiting too long, even when the facts clearly favor the injured party, can permanently bar recovery. 

A Baltimore personal injury lawyer at Bob Katz Law can help clients throughout Maryland understand these filing deadlines and take timely action to protect their claims.

What is a Statute of Limitations?

A statute of limitations is the legal deadline within which someone must file a civil lawsuit after being harmed. Once that window closes, courts will almost always dismiss the case, regardless of how solid the underlying evidence appears. 

Under Maryland Courts and Judicial Proceedings Code § 5-101, Maryland’s personal injury statute of limitations generally gives an injured person three years from the date the claim accrues to file suit, unless another statute sets a different timeframe, and missing that window typically ends the right to pursue compensation.

General Time Limits for Personal Injury Cases

The three-year rule applies to most everyday accident claims, but the exact deadline varies depending on how the injury occurred. Understanding the Maryland statute of limitations personal injury rules that apply to each situation helps injured people avoid losing a valid claim to a technicality.

Some common deadlines include: 

• Standard Negligence: Car accidents, slip-and-fall injuries, and dog-bite injuries generally fall under the three-year deadline under Maryland law.
• Intentional Torts: Claims involving assault or slander typically carry a shorter one-year filing window under Maryland law.
• Wrongful Death: Under Maryland Courts and Judicial Proceedings Code § 3-904, surviving family members generally must file within three years of the person’s death.

Knowing which category a case falls into is only part of the picture, since several circumstances can shift these deadlines earlier or later than expected.

Common Exceptions

Not every claim follows the standard three-year timeline. Maryland law recognizes several situations where the filing clock starts on a different date or runs on a shorter schedule entirely, such as: 

• Discovery Rule: When an injury is not immediately obvious, the three-year period may begin on the date the injury was discovered or reasonably should have been discovered, rather than the date of the incident itself.
• Minors: For most standard injury claims involving a child, the filing clock generally does not begin until the child turns 18, as reflected in the Maryland Courts and Judicial Proceedings Code § 5-201.
• Government Claims: A claim against a local government agency in Maryland often requires a formal notice of claim within one year of the injury, a much shorter window than the standard rule, as outlined under Maryland Courts and Judicial Proceedings Code § 5-304.

These exceptions rarely announce themselves at the scene of an accident, which is why early legal guidance usually matters more than it first appears.

Filing Your Claim on Time Matters

Deadlines in Maryland injury law leave little room for flexibility. Insurance companies are well aware of these filing windows, and some adjusters may slow-walk negotiations, hoping a claim runs past the legal deadline entirely. Gathering medical records, accident reports, and witness information early can protect the strength of a claim and the time available to act. 

Confirming the correct statute of limitations for a Maryland personal injury claim as early as possible usually helps avoid a permanent loss of the right to recover compensation, no matter how clear liability may seem.

Contact Bob Katz Law Today for a Free Consultation

Deadlines under the Maryland statute of limitations for personal injury law can pass quickly, and once they do, even a solid claim may become permanently barred. Our team at Bob Katz Law offers a free consultation to help injured people understand their filing deadlines and next steps. Contact us today at (410) 576-4287 to discuss your case with us before time runs out on your claim.

This content is for informational purposes and does not form an attorney-client relationship.

Timothy J. Capurso

Timothy J. Capurso is chair of the firm’s Personal Injury Practice Group. He concentrates his practice on personal injury cases of all types, focusing on automobile accidents. His background includes litigating personal injury cases from inception through trial and settlement negotiations. 25+ years of experience.

Contact Timothy J. Capruso