How Long do You Have to File a Lawsuit in Maryland?

‍

If you’ve been injured in a car accident in Maryland and someone else is at fault, you may be wondering how long you have to file a lawsuit and seek compensation for your injuries. The statute of limitations for personal injury lawsuits can vary by state, so it’s important to understand the specific time frame in Maryland. In this article, we’ll explore the statute of limitations for car accident lawsuits in Maryland, as well as other important considerations for pursuing a personal injury claim.

Understanding the Statute of Limitations

The statute of limitations is a legal time limit that determines how long an individual has to file a lawsuit after an incident occurs. In Maryland, the statute of limitations for personal injury cases, including car accidents, is generally three years from the date of the accident. This means that you have three years from the date of the car accident to file a lawsuit against the at-fault party.

It’s crucial to be aware of this time limit and take action within the designated period. Failing to file a lawsuit within the statute of limitations can result in your claim being dismissed, and you may lose your right to seek compensation for your injuries.

Exceptions to the Statute of Limitations

While the general rule is that you have three years to file a car accident lawsuit in Maryland, there are some exceptions that may extend or shorten this time frame. It’s important to consult with a personal injury lawyer to understand how these exceptions may apply to your specific case. Here are a few common exceptions to the statute of limitations:

Discovery Rule

In some cases, injuries sustained in a car accident may not become immediately apparent. This is known as the discovery rule. Under the discovery rule, the three-year statute of limitations begins on the date when the injury is discovered or when it should have been discovered through reasonable diligence. This rule is typically applied when injuries are not immediately apparent or when they develop over time. It is however important to recognize that the discovery rule only applies in situations where there is no apparent injury until later. Once you first know or should know of any injury, the clock begins to run even if you have other injuries that are not yet known.

Minors

If a minor (someone under the age of 18) is injured in a car accident, the statute of limitations may be tolled or extended until the minor reaches the age of majority. Once the minor turns 18, they will generally have three years to file a lawsuit. It’s important to note that it’s generally recommended to involve a parent or guardian in the legal process on behalf of the minor.

Government Tort Claims

If the at-fault party is a government entity or employee, such as a government-owned vehicle or a negligent government employee, there are specific deadlines and procedures that must be followed. These cases fall under the Maryland Tort Claims Act and require the injured party to file a notice of claim within one year of the incident. Failure to file the notice of claim within this timeframe can result in the loss of the right to sue the government entity or employee.

It is imperative that you have an experienced car accident or personal injury lawyer assisting with those claims because they can be complicated. For example, Maryland actually has two different statutes that govern governmental tort claims – one for state government entities and another for local government entities. And then, in addition, if you are pursuing a claim against a federal governmental entity, there is a separate process and timeframe entirely.

The Importance of Acting Within the Statute of Limitations

Acting within the statute of limitations is crucial for a successful personal injury claim. Filing a lawsuit within the designated timeframe ensures that your claim will be considered by the insurance company or the court system. Waiting too long to take legal action can have significant consequences, including:

• Loss of evidence: Over time, evidence related to the accident may deteriorate or become harder to obtain. Witnesses may forget important details, and physical evidence may be lost. By filing a lawsuit within the statute of limitations, you can preserve important evidence necessary to support your claim.
• Legal complications: Filing a lawsuit close to the expiration of the statute of limitations can create unnecessary stress and legal complications. It’s best to consult with a personal injury lawyer as soon as possible after the accident to ensure that all necessary steps are taken within the designated timeframe.
• Risk of losing compensation: If you fail to file a lawsuit within the statute of limitations, you may lose your right to seek compensation for your injuries. Insurance companies and defendants often use the expiration of the statute of limitations as a defense, arguing that the claim is time-barred. By acting promptly, you can protect your right to fair compensation.

Seeking Legal Representation

Navigating the legal process after a car accident can be complex and overwhelming, especially while dealing with the physical and emotional toll of your injuries. Seeking legal representation from an experienced car accident lawyer is essential to ensure that your rights are protected and that you receive fair compensation for your damages.

A car accident lawyer will guide you through the legal process, help gather evidence to support your claim, negotiate with insurance companies on your behalf, and, if necessary, represent you in court. They can also help you understand the specific deadlines and exceptions that may apply to your case, ensuring that you take the appropriate legal action within the statute of limitations.

Conclusion

If you’ve been injured in a car accident in Maryland, it’s important to act within the statute of limitations to protect your rights to seek compensation for your injuries. Generally, you have three years from the date of the accident to file a lawsuit. However, it’s crucial to consult with a personal injury lawyer to understand any exceptions that may apply to your specific case.

By acting promptly and seeking legal representation, you can ensure that your claim is properly filed within the designated time frame and increase your chances of receiving fair compensation for your injuries, medical expenses, lost wages, and pain and suffering.

Contact a top car accident lawyer today to discuss your case and explore your legal options. They will guide you through the process and fight for your rights, allowing you to focus on your recovery and moving forward.