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What Are The Statute Of Limitations for Various Personal Injury Cases?

If you were hurt in an accident in Annapolis or anywhere in Maryland, time matters more than most people realize. Wait too long and you lose the right to sue, no matter how clear-cut your case is. The deadline you are working with depends on the type of injury and who was at fault.

Maryland’s general personal injury deadline

In Maryland, you generally have three years to file a personal injury lawsuit. Whether you were hurt in a car crash, a slip and fall or a dog bite, that three-year window is typically where your deadline falls.

Your timeline begins on the day the injury happened. Some injuries do not show up right away, and Maryland law accounts for that in limited circumstances. But that exception is narrow and courts do not apply it loosely. If you are unsure when your clock started, get legal advice sooner rather than later.

When different deadlines apply

Not every case follows the three-year rule. Some injury types carry shorter deadlines, and cases involving government defendants come with extra steps that most people do not expect.

Case Type Deadline Key Rule
General Personal Injury 3 years From date of injury (Md. Code Cts. & Jud. Proc. § 5-101)
Medical Malpractice 3 years from discovery or 5 years from date of act, whichever comes first Both limits apply (§ 5-109)
Wrongful Death 3 years From date of death (§ 3-904)
Assault or Battery 1 year From date of act (§ 5-105)
Claim Against a Local Government 1 year to file notice, then 3 years to sue Notice must come first (§ 5-304)
Claim Against the State of Maryland 1 year to notify the State Treasurer Then 3 years to sue if denied (State Gov’t § 12-106)

If the injured person was a minor

Maryland pauses the deadline when the injured person was under 18 at the time of the accident. The three-year clock does not begin until they turn 18, which means minors can file a case until they reach the age of 21. Medical malpractice claims involving children follow slightly different rules and may extend the deadline even further.

If a government entity was involved

Injuries involving a government vehicle, a public road or a government employee require an extra step. Maryland law says you must send written notice to the relevant agency within one year before you can file a lawsuit at all. This is separate from the filing deadline. Missing the notice requirement alone can end your case.

Why acting early makes a difference

Even with years on the clock, waiting creates problems. Witnesses move on. Security footage gets overwritten. Accident reports get harder to track down. Starting early gives you more to work with.

If you are not sure which deadline applies to your situation, speaking with a Maryland personal injury attorney can help you figure out where things stand before any deadlines pass. You can also review Maryland’s Courts and Judicial Proceedings for the statutory text behind these rules.