Injuries resulting from accidents can be life-changing events, and seeking compensation for damages through a personal injury claim can be a critical step on the road to recovery. One crucial factor to be aware of in any personal injury case is the state’s statute of limitations, which dictates the timeframe within which a claim must be filed. In Maryland, like in other states, this legal time limit is put in place to ensure a fair and timely pursuit of justice for all parties involved.
In this comprehensive guide, we will explore the specifics of Maryland’s statute of limitations for personal injury claims, potential exceptions to the rule, and the importance of acting promptly with the assistance of a dedicated personal injury attorney. We will discuss the different time limits applicable to various personal injury claims in Maryland, including those arising from motor vehicle accidents, slip and fall incidents, and product liability. Additionally, we will delve into the concept of “discovery of harm” and its potential impact on the statute of limitations, as well as circumstances under which the statute can be tolled or extended.
Maryland’s Statute of Limitations for Various Personal Injury Claims
Understanding the specific time limits for filing a personal injury claim in Maryland is crucial to preserving your right to compensation. The statute of limitations varies depending on the nature of the claim:
- General Personal Injury Cases: For most personal injury claims stemming from negligence, such as slip and fall accidents or car accidents, you have three years from the date of the injury to file a lawsuit.
- Medical Malpractice: For medical malpractice claims, Maryland imposes a three-year limit from the date of the injury or five years from the date of the act or omission that caused the injury, whichever is earlier.
- Wrongful Death: If a personal injury victim passes away due to their injuries, a wrongful death claim must be filed within three years from the date of death.
- Product Liability: In cases involving defective products, a claim must be filed within three years from the date of injury.
It is crucial to note that these time limits are strictly enforced, and failure to file within the specified timeframe could result in losing your right to pursue compensation.
Discovery of Harm and Its Impact on the Statute of Limitations
In some personal injury cases, the resulting harm or injury may not be immediately apparent, leading to a delayed discovery of the damage. Maryland law takes this into account and may extend the statute of limitations under the “discovery of harm” rule:
- General Rule: Under the standard discovery of harm rule, the statute of limitations commences when the injury or harm is discovered or reasonably should have been discovered.
- Exceptions: Maryland has exceptions to the discovery rule in specific situations, such as medical malpractice cases. In these instances, the court balances the need for a timely claim against the potential difficulty for the injured person to discover the harm.
Tolling and Extending the Statute of Limitations
In certain circumstances, the statute of limitations for personal injury claims in Maryland can be tolled or extended:
- Legal Disabilities: If the injured person has a legal disability at the time of the injury, such as being a minor (under 18) or having a mental disability, the statute of limitations may be tolled, allowing them additional time to file their claim. The limitations period typically begins when the person’s disability is removed, such as turning 18 or having the mental disability lifted.
- Defendant Absence: If the defendant responsible for the injury is absent from the state of Maryland during the statute of limitations period, the time limit may be extended until the defendant has returned to the state for a combined total of one year.
- Fraud and Concealment: If the defendant has fraudulently concealed their involvement in causing the injury, the statute of limitations may be extended to allow the victim an opportunity to discover the truth and pursue their claim.
It is essential to consult with an experienced personal injury attorney to determine if your case qualifies for the tolling or extension of the statute of limitations.
The Importance of Prompt Legal Action in Personal Injury Claims
Time is of the essence when pursuing a personal injury claim in Maryland. Early consultation with a skilled personal injury lawyer is crucial for several reasons:
- Preservation of Evidence: Acting promptly allows your attorney to collect and preserve essential evidence that may be crucial to prove negligence and the extent of your injuries.
- Accurate Recollection of Events: Early investigation and witness interviews can help ensure that the memories of those involved in the incident remain fresh, minimizing the risk of inconsistencies and inaccuracies in their accounts of the event.
- Timely Filing: By engaging a personal injury lawyer right away, you decrease the likelihood of missing crucial filing deadlines imposed by Maryland’s statute of limitations.
Conclusion
Understanding and adhering to Maryland’s statute of limitations for personal injury claims is essential to protect your right to compensation. Missing the deadline to file your claim could have severe consequences, potentially barring you from any recovery. By enlisting the guidance of a dedicated College Park personal injury attorney, you can ensure your claim is filed in a timely manner and supported by the necessary evidence to pursue compensation for your injuries. The Benevan Law Firm’s team of knowledgeable personal injury lawyers is here to guide you through this complex legal process. Contact us today for a free consultation, and let our legal professionals dedicate their skills and experience to achieving the best possible outcome for your case.