Disclaimer: This is general information, not legal advice. Consult a Maryland attorney about your specific situation.
Detailed Answer — How Maryland’s time limit affects unresolved personal injury claims
In Maryland, most personal injury lawsuits must be filed in court within three years of the date the injury occurred. That deadline is set by statute: Md. Cts. & Jud. Proc. Code § 5-101 (mgaleg.maryland.gov – § 5-101).
Important distinctions:
- Statute of limitations vs. settlement deadline: The statute of limitations is a deadline to file a lawsuit, not a requirement to settle. You can continue settlement talks up to and beyond the limitations deadline, but if you have not filed suit (or otherwise preserved your claim) by the deadline, the defendant can use the expired statute as a defense to have your case dismissed.
- If you miss the deadline and have not sued: The court will usually bar (dismiss) your claim if the defendant raises the statute of limitations. That means you may lose the legal right to force recovery through the courts. The defendant may still voluntarily agree to pay after the deadline, but they are not legally required to do so once the claim is time-barred.
- If you file suit before the deadline: Filing a complaint before the statute runs preserves your right to pursue damages. You can still negotiate a settlement after filing. Many plaintiffs file before the deadline to protect their claim while settlement talks continue.
Exceptions and ways the deadline can change
- Discovery rule: In some cases where an injury is not reasonably discoverable right away (latent injuries), the limitations period may start when the injured person knew or should have known about the injury. Whether that applies depends on facts and case law.
- Tolling agreements: Parties can enter a written agreement to toll (pause or extend) the statute of limitations. A properly drafted tolling agreement lets you keep negotiating past the normal deadline without filing suit immediately.
- Fraudulent concealment or equitable tolling: If the defendant deceptively hid the cause of injury, Maryland courts may toll the limitations period. Courts may also toll time limits in limited equitable circumstances; these are fact-specific and require legal analysis.
- Minors and incapacity: Maryland law may toll the limitations period for minors or people under legal disability. Specific rules apply, so consult an attorney.
Practical consequences
- If you wait until after the statute runs without filing, a judge will likely dismiss your lawsuit if the defense raises the issue.
- Defendants have no obligation to settle a time-barred claim, so bargaining power generally declines once the statute passes.
- Filing a complaint is the most reliable way to preserve your rights while negotiations continue.
Short hypothetical example: You were injured in a Maryland car crash on March 1, 2023. The three-year limitations period means you must file suit by March 1, 2026, unless an applicable exception or tolling agreement applies. If settlement talks drag on and you have not filed by that date, the defendant can ask the court to dismiss your case as untimely.
Helpful Hints
- Calculate the deadline: Start from the injury date (or, if applicable, the discovery date). Use Md. Cts. & Jud. Proc. Code § 5-101 as the baseline: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcts§ion=5-101.
- File before the deadline if negotiations are ongoing. Filing a complaint preserves the claim and keeps settlement options open.
- Consider a written tolling agreement if both sides want more time to negotiate without filing suit.
- Keep all evidence: photos, medical records, witness contact information, and repair bills. Evidence degrades over time and makes claims harder to prove.
- Document settlement communications in writing. A demand letter can help, but it does not stop the clock unless you have a tolling agreement or you file suit.
- Talk to a Maryland personal injury attorney well before the limitation period ends. Attorneys can calculate deadlines, advise on discovery-rule issues, draft tolling agreements, or file a protective complaint if needed.
- If the claim involves special rules (medical malpractice, wrongful death, claims against government entities), different deadlines or notice rules may apply. Get legal advice promptly.
If you are unsure when the statute runs or whether an exception applies, contact a Maryland personal injury lawyer as soon as possible. Time limits are strict and missing them can permanently end your ability to recover through the courts.