The statute of limitations is a crucial aspect of personal injury law, as it sets the time frame within which a claim must be settled or a lawsuit must be filed. In this blog post, we will discuss the statute of limitations for personal injury cases in Maryland, the consequences of missing the deadline, and exceptions that may apply.
The Statute of Limitations in Maryland
In Maryland, the statute of limitations for most personal injury cases is three years from the date of the injury (Md. Courts & Judicial Proceedings Code Ann. § 5-101). This means that you have three years from the date you were injured to settle a claim or initiate a lawsuit against the responsible party. If you fail to file a claim within this time frame, your case may be dismissed, and you may lose your right to seek compensation.
Consequences of Missing the Deadline
If you do not file your personal injury lawsuit within the statute of limitations, the court may dismiss your case, leaving you without legal recourse. In addition, the defendant's insurance company or legal team may use the expired statute of limitations as a defense, arguing that you are barred from seeking compensation for your injuries.
Exceptions to the Statute of Limitations
While the three-year statute of limitations applies to most personal injury cases in Maryland, there are certain exceptions that may extend or shorten the time frame:
- Discovery rule: In some cases, the statute of limitations may be extended under the discovery rule. This rule applies when the injured party did not discover or could not have reasonably discovered their injury within the standard three-year time frame. In such cases, the statute of limitations may begin to run from the date the injury was discovered or should have been discovered.
- Minors: If the injured party is a minor at the time of the injury, the statute of limitations may be extended until the minor turns 18. Once they reach the age of majority, the standard three-year statute of limitations begins to run.
- Government entities: If your personal injury claim involves a government entity or employee, the statute of limitations may be different. In such cases, it's crucial to consult with an experienced personal injury attorney to ensure you comply with any additional deadlines or requirements.
Understanding the statute of limitations for personal injury cases in Maryland is essential to protect your right to seek compensation for your injuries. If you or a loved one has been injured due to someone else's negligence, it's important to act promptly and consult with an experienced personal injury attorney to ensure you meet all necessary deadlines and preserve your legal rights.