Understanding Maryland’s Statute of Limitations for Personal Injury Claims

When dealing with personal injury claims in Maryland, it is crucial to understand the statute of limitations. The statute of limitations is a law that sets the maximum time period that one can wait before filing a lawsuit. In Maryland, this period plays a significant role in determining your ability to seek justice for injuries sustained due to the negligence of others.

The general statute of limitations for personal injury claims in Maryland is three years from the date of the injury. This means that if you have been injured in an accident, whether it’s a car crash, slip and fall, or any other type of incident, you must file your claim within three years of the event. If you fail to do so, the court will likely dismiss your case, and you will lose your right to recover damages.

There are some exceptions to this rule that individuals should be aware of. For example, if the injured party is a minor, the statute of limitations does not begin until they reach the age of majority (18 years old). Additionally, in cases involving medical malpractice, the time limit may be extended if the injury was not discovered immediately. Maryland has a specific rule called the “discovery rule,” which allows the statute of limitations to start from the moment the injury is discovered or should have reasonably been discovered.

Another important legal concept to consider is the doctrine of “contributory negligence.” Maryland follows this rule, which means that if the injured party is found to be even 1% at fault for the accident, they may be barred from recovering any damages. This can substantially impact how personal injury claims are handled and the urgency of filing a claim within the appropriate timeframe.

It is advisable for those injured to consult with a personal injury attorney as soon as possible after an incident occurs. An experienced attorney can provide guidance on the specific circumstances of the case, help gather necessary evidence, and ensure that all legal deadlines are met. This not only preserves the right to file a claim but can also significantly enhance the chances of a successful outcome.

In summary, understanding Maryland’s statute of limitations for personal injury claims is vital for anyone who has been injured due to someone else’s negligence. With a three-year window to file a claim, knowing the exceptions and the impact of contributory negligence is essential for protecting your rights. Always consider seeking legal advice to navigate these complex matters effectively.