When dealing with a personal injury case, it’s important to consider the statute of limitations that determines how long you have to move forward with your case. A statute of limitations sets a specific time frame within which you or the injured party needs to file a lawsuit. What is the statute of limitations for personal injury cases in Maryland, and how can you get justice?
The General Rule: Three Years
In Maryland, the statute of limitations for personal injury claims is generally three years from the date of the injury, with a few exceptions that we will cover. For example, if you are in a car accident on May 5, 2024, you will have until May 5, 2027 to file a lawsuit. The clock starts ticking on the day that the injury happened, not when you realize that your injury is worse than you thought. Confusion over the date that the statute of limitations begins often leads to people not getting the justice that they deserve.
Exceptions to the 3-Year Statute of Limitations
While the statute of limitations for most personal injury claims is three years, there are some notable exceptions.
The Discovery of Harm Rule
In some cases, an injury might not be immediately discoverable. For example, if you are exposed to a toxic substance that you didn’t know was dangerous and only notice an injury years later, the statute of limitations might be extended. This is often known as the discovery of harm rule. Because of this rule, the statute of limitations actually starts when the injured party knew or reasonably should have known about their injury and the connection between the injury and the accident.
Minors
Another important exception to the personal injury statute of limitations involves minors. In Maryland, if someone under 18 suffers a personal injury, the statute of limitations does not begin to run until they reach 18. As a result, injured minors will have until three years from their 18th birthday (the day before they turn 21) to file a lawsuit. This important exception is designed to help protect child victims.
Why Do You Have to Act Within the Statute of Limitations?
While the statute of limitations might seem like it harms victims, it is designed to protect their rights and the rights of those who might be accused of causing an injury. The three-year period ensures that evidence remains intact and that witnesses’ memories are fresh, which can significantly impact the outcome of a case. It also encourages the timely resolution of any disputes. Finally, it offers a sense of security for all parties involved, as legal actions cannot go on forever.
Contact Mobley & Brown, LLP for Help With Your Personal Injury Law Needs
If you are concerned about an injury you received or an accident that you were in, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.
