Statute of Limitations for Personal Injury in Maryland
Legal RuleIn Maryland, the statute of limitations for filing a personal injury claim is generally three years from the date of the injury. This deadline is codified under Maryland Courts and Judicial Proceedings §5-101, which requires plaintiffs to file their lawsuit within three years of the incident causing harm. If the claim is not filed within this period, the court will typically dismiss the case as time-barred.
There are specific exceptions to this general rule:
Discovery Rule: In certain cases, such as latent injuries that are not immediately apparent (e.g., exposure to toxic substances), the statute of limitations may begin to run from the date the injury was discovered or reasonably should have been discovered, rather than the date of the actual incident. Maryland courts apply the discovery rule selectively and only in situations where the injury was inherently undiscoverable at the time of the event.
Minors: For individuals who were under the age of 18 at the time of injury, the statute of limitations is tolled (paused) until the minor reaches the age of majority. This means the three-year period begins running on their 18th birthday (Maryland Courts and Judicial Proceedings §5-201).
Claims Against Government Entities: When a personal injury claim involves a local or state government entity, a claimant must first file a notice of claim within 180 days of the injury, as required by Maryland Code, State Government §12-106. Failure to comply with this shorter deadline can bar the claim regardless of the general three-year statute of limitations.
Understanding these deadlines is critical to preserving the right to pursue a personal injury case in Maryland.