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Maryland Personal Injury Statute of Limitations
The definition of Statute of Limitations is a law that requires that an aggrieved party file a legal action in a quasi-judicial or judicial forum within a specified period or lose the right to file that action. Simply put, it is the time within which a lawsuit must be filed.
The Statute of Limitations for the State of Maryland relating to Personal Injury is as follows:
- Personal Injury: Negligent acts (Motor Vehicle, Accidents, Slip and Fall etc.) Three (3) years from the date the cause of action “accrues”. The cause of action accrues, and limitations begin to run when the aggrieved party knew or reasonably should have known of the alleged wrong.
- Battery: Three (3) years from the date the cause of action accrued.
- Assault, Libel, Slander: One (1) year from the date the cause of action accrued.
- Medical Malpractice (action against healthcare provider): Three (3) years from the date the injury is discovered or five (5) years after the date the injury was committed, whichever is sooner. Minors under the age of eleven (11) years of age, the Statute of Limitations begins to run on the minor’s 11th birthday. Furthermore, when a minor under the age of sixteen (16) suffers an injury to the reproductive system or an injury cause by a foreign agent negligently left in the body, the Statue of Limitations begins to run on the child’s 10th birthday.
- Product Liability: Three (3) years from the date the cause of action accrues.
- Wrongful Death: Three (3) years from the date of death. Suit must be filed in cases in which the action is based on exposure to any toxic substance in the person’s workplace and contracted by the person in the course of employment within ten (10) years of the date of death or within three (3) years of the date when the cause of death was discovered, whichever time period is shorter.
- Special Exceptions for Minors: Except in the cases of medical malpractice or wrongful death, a minor must file suit within three (3) years of his or her 18th birthday or within the time allowed in the particular statute, which ever comes first.
Please be aware that the above listed Statutes of Limitations are believed correct as of the date of authorship. It is recommended, however, that you consult with an experienced and qualified attorney regarding your own particular injury or accident and the relevant Statute of Limitations.