§ 5-101. Maryland Courts and Judicial Proceedings Article
Three-year limitation in general
A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced.[Emphasis added by us.]
Understanding Maryland’s Deadline to Bring a Tort Claim
That is the rule. There are – it is important to keep in mind – a variety of exceptions to the statute of limitations that may shorten or lengthen this three-year statute of limitations to file a lawsuit that applies to most, but not all, personal injury cases. If you are unsure about the applicable statute of limitations in Maryland, you should contact a Maryland lawyer immediately without delay because the clock is ticking.
There may also be notice requirements, particularly against local municipalities, the state of Maryland, the federal government, or any related governmental entity, that require specific notification of particulars of the accident and your claim. Medical malpractice claims are a different animal, as well.
There is also a different deadline to file claims for personal injury protection (PIP) benefits in Maryland. (Conversely, wrongful death lawsuits are often more than three years after the date of the negligence because the relevant time – subject to exceptions – is when the victim died as opposed to when the negligent act occurred.) But the moral of the story is clear: these deadlines to file suit can be extremely harsh, and you should contact a malpractice or injury lawyer immediately for professional legal advice applicable to your situation.
- Statute of limitations for medical malpractice lawsuits in Maryland
- Deadlines in Maryland for minors
- Statute of limitations in workers’ compensation claims (entirely different rules)
- Wrongful death SOL
Looking Past Three Years: Extending the Statute of Limitations in Maryland
That said, there are four exceptions that can prolong the period to file suit if you find yourself with a personal injury claims for which the statute of limitations has passed. The first and most frequently discussed is the discovery rule. Under the discovery rule, an action accrues on the date when the plaintiff knew or reasonably should have known of the negligence and the harm that ensued. The time to file is suspended or tolled if this rule is applied. This exception also has exceptions, most notably in medical malpractice case where the outer limit from the date injury is five years, regardless of when the injury was discovery (an awful, draconian rule the medical malpractice insurance lobby was able to push through the Maryland General Assembly).
The second “back door” to the harsh deadline to file suit in Maryland is the continuation of events theory. This theory may apply in cases where there is online of services, or the party’s right depends upon the happening of an event in the future. In these cases, the statute of limitations in Maryland may begin to run from the time the services can be completed or from the time the event happens.
The third exception is fraud. If the negligent party fraudulently conceals knowledge of a cause of action, Maryland law provides that the cause of action accrues at the time when the injured party discovered (or should have discovered) the fraud.
The final exception is when a person is under a disability. In Maryland, disability is defined as minor (under 18) and people who are mentally incompetent. Accordingly, in most cases, minors have until at least the day before their 21st birthday (goofy, we know) to bring most personal injury cases. (That interpretation of the law is outdated; it should be the day of their 21st birthday. But would you want to be the test case to verify that?)
The operative word with these deadlines to file and all its exceptions is “usually” or in most cases. There is a book of exceptions that shorten and lengthen the date before which you much file your lawsuit.
Again, and we realize we are beating a theme dead here, if you have any question about the statute of limitations in your case, call a Maryland lawyer to figure out the exact statute of limitations in your case. You can call our attorneys – and get one on the phone – at 800-553-8082 or get a free online consultation here.
What Is the Maryland Statute of Limitations for a Personal Injury Claim?
The statute of limitations on personal injury lawsuits in Maryland is 3 years. Md. Code, Cts. & Jud. Proc. § 5-101. The 3 year time period begins to run from the “date of discovery,” which is the earliest date that the plaintiff actually knew or should have realized that they had a personal injury claim.
How Long Do You Have to File a Wrongful Death Claim?
In Maryland, wrongful death actions must be filed within 3 years of the date the decedent passed away. So if the decedent dies June 1, 2020, the wrongful death lawsuit must be filed with the court by June 1, 2023. This 3-year from date of death time limit applies even if the statute of limitations on the underlying tort claim had expired before the decedent died.
Can the Statute of Limitations for Personal Injury Claims Be Shorter Than 3 Years?
If the defendant in a Maryland lawsuit is the state government or a local government there are special early notice requirements that have the effect of shortening the statute of limitations to one year. Under Maryland law, plaintiffs who want to bring a personal injury suit against the state or local government, must give them special notice of the claim within 1 year after the date of the injury. If you fail to provide this advance notice within one year, your may lose the right to sue.
What Is the Statute of Limitations on Medical Bills in Maryland?
The statute of limitations on unpaid medical bills in Maryland is three years from the date that the debt was incurred. The date that the “debt was incurred” is either the date that the bill became “past due” (i.e., the date you were supposed to make payment and did not) OR the date of your last partial payment on the bill. Even if the statute of limitations has passed, however, unpaid medical bills can stay on your credit report for 7 years.
What Is the Maryland Statute of Limitations for Assault?
If you want to file a civil lawsuit against someone for assault, the statute of limitations in Maryland is 1 year from the date of the assault incident. Md. Code, Cts. & Jud. Proc. § 5-105. However, the statute of limitations for the related tort of battery (an unwanted physical touching) is 3 years. For criminal assault charges there is not statute of limitations in Maryland.
What Is the Statute of Limitations in Maryland for Sexual Assault?
The statute of limitations for a civil lawsuit based on sexual assault is 3 years if the plaintiff was an adult at the time of the assault. However, for childhood sexual abuse cases the statute of limitations on a civil lawsuit is 7 years from the victims 18th birthday. This means that children who are victims of sexual assault have up until their 25th birthday to file a civil suit against their abuser.
When Does the 3 Year Limitation Period Begin?
The 3-year deadline for filing tort claims under Maryland’s statute of limitations begins to run from the “date of discovery.” The date of discovery is the date that the plaintiff knew they had a claim or that a reasonable person would have realized that they had a claim. In car accident cases, the date of discovery is always the day of the accident because that’s when any reasonable person would realize they have a claim. The date of discovery in medical malpractice cases can be much more complicated.
What Is the Statute of Limitations in Medical Malpractice Cases?
The statute of limitations for medical malpractice claims in Maryland is the shorter of:
- 3-years from the “date of discovery” (when the plaintiff discovered the injury); OR
- 5-years from the date that the plaintiff’s injury occurred
In cases where the malpractice and resulting injury is obvious and immediate (such as with a botched surgery) the limitations period will simply be 3 years from the date of procedure. In cases such as failure to diagnose, the determining the date of discovery can be much more complex. But many malpractice lawyers have made the mistake of assuming that the 5 year period will apply only to find a court later apply a three-year statute of limitations.
Wrongful Death Claims
Section 9-304(g)(1) of the Maryland Courts and Judicial Proceedings Article requires that a wrongful death claim is filed within three years of the date of the decedent’s death. The question has arisen as to whether a wrongful death claim would be timely if the statute of limitations would have passed on the victim’s claim had the victim survived. The Maryland Court of Appeals has ruled that the time limit contained in §9-304(g)(1) is the only timeliness provision applicable to wrongful death claims in Maryland. Accordingly, the limitations period prescribed in the general tort filing period in § 5-101 and the malpractice SOL contained in § 5-109 is not applicable.
More on the Maryland Statute of Limitations
- Maryland State and Local Government Tort Claims Acts: discussion of the complexity of the statutes and how they act as a pseudo statute of limitations in bodily injury tort claims)
- Lawyers charge contingency fees that cost a lot of money. There is no question about it. Why you still should get counsel in a severe injury case?
- Handling Claims Without a Lawyer (if you don’t listen to advice to hire a lawyer, here are some tips)
- Personal Injury Filing Deadlines in All 50 States
Key Statute of Limitations Cases in Maryland
- Gilroy v. SVF Riva Annapolis LLC: A look at Maryland’s statute of repose and the four exceptions to the rule outlined in CJP § 5–108(d)(2).
- Mummert v. Alizedeh, 435 Md. 207 (2013). Maryland Court of Appeals referenced above that only §9-304(g)(1) dictates the limitations period in wrongful death claims.
- Doughty v. Prettyman, 219 Md. 83, 148 A.2d 438 (1959). This case discusses why we have a statute of limitations in the first place although it does a poor job of justifying why common sense exceptions are not made when justice calls for it. In this case, the defendant had clear notice of the intent to file the lawsuit, but the court still afforded the defendant the cover of what in a sense is a technicality. This case stands for another important principle that is also discussed below in Turner: Maryland’s statute of limitations applies to a tort occurring out-of-state because statutes of limitations are procedural.
- Turner v. Yamaha Motor Corp., 88 Md. App. 1, 591 A.2d 886 (1991). Like Doughty v. Prettyman discussed above, this case is a Virginia
accident where the claim is brought, and Maryland and the court wrestles with how to apply the statute of limitations.
- Anderson v. United States, 427 Md. 99, 46 A.3d 99 (2011). In this case, a woman sued a VA hospital for failing to diagnose symptoms of progressive spinal cord compression. The question in the case is whether the medical malpractice limitations period is a statute of repose or a statute of limitations. The distinction is normally semantic but was critical in this case.