If you’ve been harmed in an accident in Maryland, the law provides you with the right to seek compensation through a personal injury lawsuit. However, it’s important to understand the time limits within which you must file your claim. In legal terms, these deadlines are referred to as the statute of limitations.
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What Is The Statute Of Limitations?
The statute of limitations is a legal time limit set by the state that determines the maximum amount of time you have to file a lawsuit. It is essentially a clock that starts ticking from the date of the injury or accident. Once the statute of limitations expires, you lose the right to file a lawsuit seeking compensation.
Maryland’s Statute Of Limitations For Personal Injury Claims
In Maryland, the statute of limitations for most personal injury claims is three years from the date of the accident or injury. This means that a victim has three years from the date of their injury to file a claim for compensation.
However, there are some exceptions to this general rule that should be noted.
Medical Malpractice Claims
For medical malpractice claims, the statute of limitations is three years from the date of the injury or one year from the date the victim discovers the injury, whichever comes first. The statute of limitations is also extended for minors to begin when they turn eighteen. If the injury is discovered later and the victim can show that the defendant fraudulently concealed information that would have led to the discovery of the injury, the statute of limitations may be extended.
Wrongful Death Claims
If a person dies as a result of their injury, their family or estate may bring a wrongful death claim. In Maryland, wrongful death claims must be filed within three years of the individual’s death.
However, if the death was caused by medical malpractice, the statute of limitations is three years from the date of the injury or one year from the date the family or estate discovers the injury, whichever comes first.
Claims Against Government Entities
If the victim is filing a claim against a government entity, there are additional rules that must be followed. The victim must file a notice of claim within one year of the injury and then they have three years from the date of the injury to file a lawsuit.
Why Is The Statute Of Limitations Important?
The statute of limitations is important for several reasons. Firstly, it provides defendants with a reasonable expectation that they will not be sued after a certain amount of time has passed. Secondly, it ensures that evidence and memories related to the accident or injury are still fresh and available.
Lastly, it places an obligation on the victim to act within a reasonable period of time. If a victim waits too long to file a claim, they may lose valuable evidence and witnesses, and it could be more difficult to win their case.
Contact A Personal Injury Attorney
If you’ve been injured in an accident in Maryland, it’s important to act quickly to protect your legal rights. Contacting an experienced personal injury attorney as soon as possible is essential. Your attorney can guide you through the legal process and help ensure that your claim is filed within the appropriate statute of limitations.
In summary, the statute of limitations for personal injury claims in Maryland is three years, but there are exceptions to consider. Understanding the statute of limitations and working with an experienced attorney can help ensure that you receive the compensation you deserve.