Maryland Statute of Limitations For Personal Injury Claims
In Maryland, the statute of limitations for personal injury cases is three years from the date of the injury. This means that a person has three years from the date of the accident or injury to file a civil lawsuit seeking damages for their injuries. For example, if a person is involved in a car accident and suffers injuries, as a result, they have three years from the date of the accident to file a personal injury lawsuit against the responsible party.
However, different types of suits have different statutes of limitations; below, we cover each type of suit you may be involved in and the statute of limitations associated with it.
Statute of Limitations For Medical Malpractice in Maryland
The statute of limitations for medical malpractice cases in Maryland is five years from the date of injury, but there are some exceptions. If the injury was not discovered immediately and the person could not have reasonably known, the statute of limitations may be extended. In such cases, the person has three years from the date of discovery of the injury to file a lawsuit.
Statute of Limitations for Wrongful Death In Maryland
The statute of limitations for wrongful death cases in Maryland is three years from the date of death. This means that the surviving family members of a person who died as a result of someone else’s negligence or wrongdoing have three years from the date of death to file a wrongful death lawsuit.
Statute of Limitations for Criminal Cases in Maryland
The statute of limitations for criminal cases in Maryland varies depending on the severity of the crime. For most felonies, the statute of limitations is three years. However, for more serious crimes, such as murder, there is no statute of limitations. This means that a person can be charged with murder at any time, regardless of how long ago the crime was committed.
Table Of Common Offenses and The Statute of Limitations Associated in Maryland
| Type of Claim, and Time Limit | Statutory Code |
| Civil Claim – 3 years | Courts and Judicial Proceedings, § 5-101 |
| Assault, libel, slander – 1 year | Courts and Judicial Proceedings, § 5-105 |
| Fraud – 3 years | Courts and Judicial Proceedings, § 5-101 |
| Battery – 3 years | Courts and Judicial Proceedings, § 5-101Ford v. Douglas, 144 Md. App. 620, 623, 799 A.2d 448, 450 (2002) |
| Judgments – 12 years | Courts and Judicial Proceedings, § 5-102 |
| Written Contracts Under Seal – 12 years | Courts and Judicial Proceedings, § 5-102 |
| Recover Land Trespassed Upon – 20 years | Courts and Judicial Proceedings, § 5-103 |
| Wrongful Death – 3 years from date of death | Courts and Judicial Proceedings, § 5-108 |
| Personal Injury – 3 years from date of injury | Courts and Judicial Proceedings. § 5-108 |
| Written Contract – 3 years | Courts and Judicial Proceedings, § 5-101 |
| Oral contract – 3 years | Courts and Judicial Proceedings, § 5-101 |
| Medical Malpractice (age 11+) – lesser of 5 years from date of injury or 3 years from date of discovery | Courts and Judicial Proceedings, § 5-109 |
| Trespass – 3 years | Courts and Judicial Proceedings, § 5-101 |
| Collection of Rent – 3 years | Courts and Judicial Proceedings, § 5-101 |
| Default under a lease contract – 4 years | Commercial Law, § 2A–506 |
Credit: The Peoples Law Library of Maryland
Conclusion
It’s important to note that the statute of limitations may be extended in certain circumstances. For example, if the person responsible for the injury or wrongdoing leaves the state, the statute of limitations may be paused until they return. Similarly, if the victim of the injury or wrongdoing is a minor, the statute of limitations may be paused until they reach the age of majority (18 years old in Maryland). Meaning they have until three years after turning 18 to file suit.
There are also certain defenses that may be raised to the statute of limitations. For example, a person may argue that they were unable to file a lawsuit or criminal charge due to mental incapacity, such as if they were suffering from a severe mental illness. In such cases, the statute of limitations may be extended.
It’s important to keep in mind that the statute of limitations is a strict deadline, and it’s crucial to take action as soon as possible if you believe you have a valid legal claim. If you’re unsure about the statute of limitations for your case, it’s a good idea to speak with an experienced attorney who can advise you on the best course of action.
In summary, the statute of limitations in Maryland is a legal principle that limits the amount of time a person has to file a lawsuit or criminal charge. The statute of limitations varies depending on the type of case and can be extended in certain circumstances. Understanding the statute of limitations is important because if a person waits too long to file a lawsuit or criminal charge, they may be barred from pursuing their case in court.
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