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  • By: James Ellison, Esq.
Desk featuring documents relevant to Maryland injury claim deadlines.

In this article, you can discover…

  • How much time you have to file a personal injury claim in Maryland.
  • What happens if you miss a deadline in your personal injury claim.
  • If there are any situations in which these deadlines might be extended.

What Is The Statute Of Limitations For Personal Injury Claims In Maryland?

The Maryland personal injury statute of limitations is three years from the date of the accident. However, there are exceptions, most notably the discovery rule.

The discovery rule applies in situations where a person didn’t immediately know they were injured or didn’t know the full extent of the injury. For example, we once had a case involving a woman who underwent surgery. Years later, during imaging for an unrelated issue, it was discovered that wires had been left inside her heart artery. She had no idea they were there until the new scans were done. Once a cardiologist confirmed that the wires posed a serious health risk, we pursued her claim, even though the surgery had occurred years prior. The statute of limitations had not expired because she only discovered the injury later.

Most personal injury cases start the clock on the date of the incident. But the discovery rule can extend that timeline when an injury isn’t immediately apparent.

What Happens If I Miss The Deadline For Filing A Personal Injury Lawsuit?

Even if you believe you’ve missed the deadline, you should still contact an attorney. There are several exceptions to the statute of limitations that may apply, including the discovery rule mentioned above. In some cases, the actions or inaction of the at-fault party, like failing to respond to a lawsuit, may also create legal grounds for moving forward.

Are There Any Exceptions To Maryland’s Personal Injury Statute Of Limitations That Allow Late Filing?

In addition to the discovery rule, other exceptions may apply in situations involving:

  • Fraud
  • Intentional concealment
  • Certain procedural issues

These are fact-specific situations that an experienced attorney can evaluate to determine if an extension is possible.

How Do I Properly File A Personal Injury Claim Before The Statute Of Limitations Expires?

To properly preserve your claim, you must file a formal complaint in the appropriate court or administrative agency before the statute of limitations runs out. Filing correctly and on time is the only way to stop the clock and protect your right to pursue compensation. The most important step to doing this is contacting an attorney as early as possible.

How Can Hiring An Attorney Help With Meeting Deadlines?

Partnering with an attorney ensures you meet all the legal deadlines relevant to your specific case. For example, general personal injury claims, such as auto accidents, come with the standard 3-year statute of limitations. However, other case types, such as workers’ compensation claims, involve a little more legwork. You’ll need to report your injury to your employer within 10 days. After you do, you can proceed to file a claim, which will need to be within 6 months to 2 years, depending on the situation.

By hiring an attorney early in the process, you gain someone who can assess your case, track critical deadlines, and make the necessary filings to preserve your rights.

If I Realize I’m Severely Injured Long After An Accident, Do I Still Have Legal Options?

You, indeed, may still have legal options even if you realize you’re injured long after an accident. Even if it seems like the statute of limitations has passed, exceptions may apply. Each case is different, so it’s important to speak with an attorney who can evaluate the timeline and facts.

Initial consultations are often free, and the worst-case scenario is that we confirm the statute of limitations has indeed run out. But in many cases, you may find a path forward, whether through an exception or by determining that certain claims are still within the time limits.

Still Have Questions? Ready To Get Started?

For more information on Maryland personal injury statute of limitations, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (443) 290-3337 today.