Statute of Limitations in Maryland
Maryland personal injury laws give you the right to hold a negligent party accountable if their reckless actions injure you. A successful claim could provide valuable compensation for your medical bills, damaged property, lost earnings, and more. But you only have a limited time to take action. Failure to file a personal injury claim before the statute of limitations expires could leave you without any option for recovering compensation.
The deadline to file a personal injury claim in Maryland depends on the type of claim you wish to file and the specific facts of the case. The best way to ensure that you file on time is by speaking with a knowledgeable lawyer as soon as possible.
Talk to Trollinger Law LLC. Our attorneys help Maryland accident victims seek maximum financial compensation to restore their financial security and prepare for the future. The first consultation is free, so you have nothing to lose. Call or contact us right away to discuss your case with a proven personal injury lawyer.
What Does the Statute of Limitations Mean?
The statute of limitations is the period during which you are permitted to file a personal injury lawsuit against a negligent party.
What are the Personal Injury Statutes of Limitations in Maryland?
The statute of limitations for filing most personal injury claims in Maryland is three years. This means that you have three years from the date of the injury to either settle your case or file a lawsuit.
Are There Exceptions to the Statute of Limitations?
While the statute of limitations in most personal injury and property damage cases is three years, this rule has some exceptions. They include:
- Medical malpractice: Lawsuits involving medical malpractice generally must be brought within three years, just like most other personal injury lawsuits. However, some injuries caused by medical malpractice may not immediately be apparent. In that case, a patient who sustained an injury through medical malpractice or negligence would have three years from the date they first discovered the injury to file their lawsuit. However, a medical malpractice lawsuit must still be filed within five years of the date the injury occurred, even if a patient does not detect the injury until later.
- Notification of workplace injuries: When workers get hurt on the job, they can claim workers’ compensation benefits through their employer’s insurance coverage, regardless of fault. The statute of limitations for workplace injuries is not the same as for personal injury lawsuits. If you are injured at work, you have 10 days from the date you sustained the injury to report it to your employer. Workers must file a claim with the Maryland Workers’ Compensation Commission within 60 days. However, if an employer/insurer is unable to show actual prejudice, the Commission may excuse the requirement to file within 60 days. Contact a lawyer at Trollinger Law LLC to see if this could apply in your case.
- Workers’ compensation claims: The Maryland Workers’ Compensation Act is clear that any claim for accidental injury or occupational disease or illness contracted in the workplace must be brought within two years of the injury. Filing a claim after two years from the injury is an absolute bar to recovery for any benefits in a Maryland workers’ compensation case. If a worker dies on the job, the claimant must report it within 30 days. If the death is caused by an accidental injury, a claim must be filed with the Commission within 18 months of the death of the claimant. If death was due to an occupational disease, surviving family members must report it within a year. Workplace death claims are required to be reported within two years from the date of death.
- Minors: If the victim is a minor, the statute of limitations is tolled, or delayed, until they turn 18. The three-year clock starts ticking on their 18th birthday.
What Happens If I Miss the Deadline?
In most cases, if you miss the deadline to file a personal injury lawsuit against the party that caused your injury or injuries, you will forfeit your ability to take legal action and recover compensation.
What If I Started Filing a Claim but Stopped?
Sometimes people begin taking legal action and stop because they get overwhelmed or busy trying to get their lives back on track. If that happened to you, it’s still possible to file a claim as long as Maryland’s three-year statute of limitations has not run out. But get started right away.
Building your case, gathering evidence to support it, and negotiating with the insurance company takes time. If you and your attorney cannot negotiate a fair settlement with the insurance company, you will need extra time to file a personal injury lawsuit. If a settlement agreement falls through and the statute of limitations has run out, then you could lose any chance of claiming the compensation that you are otherwise owed.
Hurt? Contact Trollinger Law LLC Now
If you have been injured in an accident that was caused by a third party’s negligence, then you could be entitled to recover compensation to help you cover the cost of:
- Past, current, and future medical expenses
- Lost earnings
- Property damage
- Pain and suffering
- Loss of enjoyment of life
- Loss of companionship
The Maryland injury attorneys at Trollinger Law LLC provide responsive and compassionate representation to those who’ve been hurt in our community. While most injury claims settle out of court long before a lawsuit is necessary, we’ll be ready to take your case as far as it needs to go to seek the fair compensation you need and deserve. We’ll advise you of all of your options throughout the process, and if we need to file a lawsuit, we’ll make sure it is filed before the statute of limitations expires. Contact our offices today for a free consultation.