How long do I have to file a lawsuit in Maryland after being injured in an accident?

When Should I Start Filing My Claim?

You should begin the claims process as soon as possible, as Maryland imposes a strict three-year statute of limitations for personal injury cases. This time frame begins on the date the injury occurs or is discovered. Waiting too long can result in a permanent loss of your legal right to pursue compensation.

Under the Maryland statute of limitations for personal injury, codified in Md. Code, Courts & Judicial Proceedings § 5-101, individuals have three years from the date of the injury to initiate a civil action. This includes common claims like:

• Car accidents.
• Slip and fall incidents.
• Dog bites.
• Medical negligence.
• Assault-related injuries.

Delaying your claim can significantly limit the ability to collect key evidence, obtain witness statements, or preserve surveillance footage that could support your case. Starting early also allows time to negotiate a settlement or prepare for trial if necessary.

Maryland Statute of Limitations

Statutes of limitations are procedural laws that set how long a plaintiff, or a person who is injured, has to file a lawsuit. A statute of limitations is, in essence, the deadline for filing a lawsuit. Although the statute of limitations may be different depending on the type of lawsuit that the plaintiff files, there are some common aspects to statutes of limitations, in general.

In Maryland, the statute of limitations for personal injury cases gives you three years from the date of the injury to file your complaint. If you do not comply with the statute of limitations deadline, your claim will likely be barred and your case disallowed.

Typically, statutes of limitations deadlines in automobile, slip and fall, battery, and most injury claims are objective and clear. However, Maryland recognizes the “discovery rule” exception to the statute of limitations in product liability cases, fraud cases, and cases of malpractice. Under the discovery rule, a statute of limitations does not begin to run until the wrongful act is noticed.

In addition, in the case of minors or incapacitated persons, the statute of limitations is tolled until the child reaches the age of majority or the competency ends.

When Does the Maryland Limitations Statute Begin to Run?

A statute of limitations begins to run on accrual. Accrual is when the person knows or should know, that they have a legal claim. In most situations, this will be on the date of an accident. Think of the statute of limitations as a clock or a timer that starts to tick the day that an accident occurs. If there is fraud or a plaintiff was not aware that he or she suffered harm, the statute of limitations may not start to run until the fraud or the harm is discovered. After the statute of limitations has expired, a lawsuit may not be filed.

For other claims, such as workers’ compensation claims, there may be additional time periods and procedures that apply. For example, under Maryland Workers’ Compensation laws, there is a shorter statute of limitations (2 years), and the employee must comply with more stringent notice requirements by notifying the employer promptly after the accident date or occupational disease onset date is known, or the claim will be similarly time-barred.

Maryland also has several different statutes of limitations, most of which are located in Title 5 of the Maryland Courts and Judicial Proceedings Article. However, most of the statutes of limitations for civil lawsuits are three years. The following types of lawsuits have a three-year statute of limitations:

• Personal Injury;
• Products Liability;
• Property Damage;
• Wrongful Death; and
• Medical Malpractice (although in some instances, this can be 5 years, depending on when the injury was discovered).

Example of How Maryland Statute of Limitations Works:

For example, suppose that Peter, the Plaintiff was in a car accident with Dan, the Defendant, on June 1, 2014, and suffered personal injuries and damage to his car. In Maryland, the statute of limitations for a personal injury lawsuit is three years. Likewise, the statute of limitations for a property damage lawsuit is three years. Because Peter is aware that he was in an accident and suffered damages, Peter’s date of accrual is June 1, 2014. He may file a lawsuit to recover damages for his medical bills, pain, and suffering, lost wages, and property damage to his car at any point on or before June 1, 2017. If Peter files a lawsuit on June 2, 2017, Dan will file a motion to dismiss the lawsuit because the statute of limitations has expired. In this situation, a Maryland court would likely agree with Dan.

As with most legal matters, limitations and deadlines can sometimes be unclear. Therefore it is wise to consult with a lawyer early on after an accident as to the facts applicable to your specific case to determine the statute of limitations in your case.

Does the Statute of Limitations Apply to My Case?

One common legal question that persons who are injured often have is, “How long after the accident do I have to file a lawsuit?” In some instances, an injured plaintiff may want to file a lawsuit as soon as possible to receive financial help for their injuries. In other cases, an injured plaintiff may want to wait until they have a more complete idea of how much their lost wages, medical treatment, and/or rehabilitation will cost.

As discussed, the law that relates to the time period for filing a lawsuit is called a “statute of limitations.” In most cases, it is a hard deadline. However, as each case is unique, a different timeline or strategy may be warranted in your case. If you have been injured in a car crash, dog bite, slip, and fall, or any other accident, you may want to contact one of our Maryland personal injury attorneys to find out what the statute of limitations is in your case and whether or not you will need to file a lawsuit to protect your rights.

What If You Miss the Filing Deadline?

In most cases, if you try to file a lawsuit after the deadline, the court will throw it out, and you lose your chance to seek compensation for your injuries in court.

Here’s what could happen in Maryland:

• The Maryland court will likely dismiss your case if you file too late. This means you can’t bring your claim in court, no matter how strong your case might be.
• Insurance companies will know you missed the deadline and use this to their advantage if you file an insurance claim, as litigation is no longer an option.

Exceptions to State Limitations for Personal Injury Cases 

While the three-year limitation is standard, Maryland law recognizes several exceptions that may extend or alter this timeframe. These are particularly relevant in cases involving minors, individuals with mental disabilities, or situations where the harm was not immediately apparent.

Minor Plaintiffs

If the injured person is under the age of 18 at the time of the incident, Maryland law provides a delayed starting point for the statute of limitations. In these cases, the three-year period to file a personal injury lawsuit does not begin until the individual turns 18. As a result, they generally have until their 21st birthday to bring a legal claim against the responsible party or parties.

Discovery Rule

In situations where an injury is not immediately obvious—such as internal medical complications—the statute may be tolled until the injury is discovered or reasonably should have been discovered. For example, if a surgical instrument was left inside a patient, the claim window may begin when the patient first experiences symptoms and seeks diagnosis.

Fraud or Concealment

If the at-fault party intentionally hides their role in causing the injury—such as by falsifying records or misleading the victim—the statute of limitations may be postponed. In these cases, the legal time clock begins only when the injured individual discovers, or reasonably should have discovered the deception.

Government Tort Claims

If your personal injury involves a Maryland state or local government agency or employee, the process for pursuing compensation is significantly more complex and time-sensitive than standard civil claims. Under the Maryland Tort Claims Act, you must file a written notice of claim within one year of the date of the injury. This is a mandatory prerequisite before you are permitted to bring a lawsuit against a public entity in Maryland.

The written notice must be submitted to the State Treasurer’s Office and must clearly describe:

• The nature of the incident.
• The extent of your injuries or damages.
• The time, place, and circumstances under which the injury occurred.

Failure to meet this one-year deadline—even if the standard statute of limitations has not expired—can result in dismissal of your case. It’s crucial to act promptly and consult legal counsel if a government entity is involved.

Is There a Statute of Limitations for Property Damage Claims 

Yes, there is a statute of limitations for property damage claims in Maryland, and it’s three years. 

Here are some important things to know about property damage claims in Maryland:

• Time Limit: You have three years from the date of the damage to file a lawsuit in Maryland.
• The Clock Starts Ticking: the countdown usually begins on the day your property was damaged. But sometimes, it might start when you discover the damage.
• Different Types of Property: the three-year limit applies to all types of property damage, whether it’s damage to your car, your house, or other personal property.
• Insurance Claims: If you’re filing a claim with your insurance company in Maryland, they might have their own deadlines. These can be much shorter than the legal deadline for suing
• Government Involvement: If a Maryland government agency damages your property, you have to file a notice within one year of the damage.
• Natural Disasters: Maryland doesn’t automatically extend deadlines for property damage claims after natural disasters, but the governor might issue special orders in extreme cases.

Even though you have three years to sue, it’s best to start the process as soon as possible. This helps you gather evidence and remember details better.

If you’re not sure about the deadline for your claim in Maryland, talk to a personal injury lawyer. They can tell you how much time you have and help you file your claim on time.

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