Detailed Answer
Under Maryland law, you generally have three years from the date of the accident to file a personal injury lawsuit. Md. Code Ann., Cts. & Jud. Proc. § 5-101. If you miss this deadline, the court will likely dismiss your case.
General Three-Year Rule
Section 5-101 sets a three-year statute of limitations for personal injury actions. This period begins on the date of the accident or injury. Read Section 5-101.
Exceptions and Tolling
- Minors: If you were under 18 at the time of injury, the clock pauses until your 18th birthday. Md. Code Ann., Cts. & Jud. Proc. § 5-201. Read Section 5-201.
- Mental Incapacity: If you were legally incapacitated when injured, the period pauses until capacity returns. Md. Code Ann., Cts. & Jud. Proc. § 5-203. Read Section 5-203.
- Discovery Rule: In limited cases—such as exposure injuries—courts may start the clock when you actually discover, or should reasonably discover, both the harm and its negligent cause.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Note the exact date of your accident and set a reminder at least six months before the three-year mark.
- Keep all medical records, bills, and repair estimates organized.
- Speak with a personal injury attorney early to preserve evidence like photos and witness statements.
- If you were a minor or mentally incapacitated when injured, track any tolling periods carefully.
- Avoid discussing your case on social media; preserve the integrity of your claim.