Maryland Statute Of Limitations Personal Injury

All states, including Maryland, have a statute of limitations, which sets the time required to file a lawsuit after sustaining an injury in an accident. An injured person should always consider the statute of limitations when initiating a claim.

The personal injury statute of limitations varies for different claims. Further, you may lose your right to compensation if you file a personal injury lawsuit after the lapse of the window provided by the statute of limitations.

Consult a trusted personal injury attorney in Baltimore, MD, to learn how you can protect your rights as an injured victim.

Maryland Statute of Limitations

The Maryland statute of limitations for most personal injury claims is three years, meaning an injured victim has a limited window to file a claim. 

The three-year window applies to the following personal injury claims:

• Medical malpractice
• Dog bites
• Slip and fall
• Wrongful death
• Car accidents
• Product liability

The clock of limitations starts to run from the date of the accident, but only sometimes. Depending on the facts and circumstances of the injury, there may be a delay.

How Do I Know When My Statute of Limitation Begins?

In normal circumstances, the statute of limitations begins at the accident date. For instance, if one sustained a dog bite, the statute of limitations starts from the accident date. However, there are a few exceptions to the rule, including:

Discovery Rule

Some injuries are not immediately apparent after the accident—their symptoms take weeks, months, or years to manifest. The discovery rule addresses this reality. 

The discovery rule pauses ‘tolls’ the statute of limitations clock, allowing it to commence from the date of the discovery when the injured victim should have reasonably discovered the physical harm.

Here’s a scenario involving medical malpractice:

In June 2019, John underwent a surgical procedure. After the surgery, he encountered persistent but mild discomfort in the operated region. John assumed the concern, believing it was a symptom of the healing process.

Upon seeking a professional opinion, a healthcare provider discovered the surgical team had left a surgical instrument inside him. The statute of limitations for medical malpractice is three years.

While the surgical error occurred in June 2019, the cause of action is not the surgery but the act of leaving the surgical instrument inside John’s body. The negligent act became apparent in June 2021 when a different healthcare provider discovered the instrument.

With the application of the discovery rule, the statute of limitations would commence in June 2021 when a healthcare provider uncovered the negligence, allowing John to file a lawsuit.

General Statutes of Limitations for Personal Injury Common Situations

Personal Injury Statute of Limitations for Minors

Maryland law has provisions that allow an extension of the statute of limitations when the injured party is minor or mentally incompetent. If the injured party is a minor or mentally incompetent, that person shall file a lawsuit within three years after attaining 18 years or after the removal of the mental disability.

As such, minors have three years to file a personal injury lawsuit after attaining the majority age. 

Personal Injury Case Involving Government Agencies or Employees

If you intend to file a personal injury lawsuit against an employee of a government agency, your time may be shorter. Maryland applies sovereign immunity, which protects the state from being a defendant in a lawsuit.

The state of Maryland and its government departments are shielded from lawsuits in the context of personal injury claims. Even so, exceptions apply to the rule. 

The Maryland Tort of Claims Act(MTCA) is one such exception. The act waives the state’s sovereign immunity in specific situations, allowing harmed individuals to file a personal injury lawsuit.

However, there are specific guidelines and applicable limitations. 

Here’s the breakdown of filing a claim against the state of Maryland. 

Step 1: File a Claim Letter

The first step involves filing a claim letter addressed to Maryland State’s treasurer within one year of the injury. The notice contains various details, including the date and place of injury, description of the incident, and damages sought.

After you file the claim, the state has six months to investigate the incident. The injured victim cannot file a lawsuit during the investigation stage. If the state fails to respond or denies the claim after the investigation period, the claimant can proceed to file a lawsuit.

Step 2: File a Personal Injury Lawsuit

If you miss the one-year deadline, you can file a lawsuit against the state department or government employee. Even so, the state can state its inability to defend itself due to your failure to file the case within legal timelines.

When you file the lawsuit, you must serve the defendant with summons and court documents according to Maryland rules. 

Step 3: Verdict

If you win a lawsuit against a state, there is a limit on the settlement value. The state cannot pay more than $400,000 in a settlement claim involving an individual. The settlement value is likely to be higher in incidents involving intentional acts.

Get in Touch With an Experienced Personal Injury Attorney in Baltimore, MD

Suppose you’ve sustained injuries in a car accident involving a speeding driver. In that case, you may incur costly medical bills related to medication, hospitalization charges, physician bills, and costs for medical supplies. 

An experienced personal injury attorney from Bob Katz Law will fight for your rights within legal timelines. Contact us online or at 410-576-4287 for a free consultation.