When you’re dealing with the aftermath of an accident, it’s crucial to understand the statute of limitations for personal injury claims in Maryland. This law sets the deadline by which you must file a lawsuit in order to pursue compensation for your injuries. Should you miss that deadline, you’ll likely be barred from recovering damages.
Deadline for Filing Personal Injury Claim in Maryland
The statute of limitations is the time limit put in place by state law to encourage the timely resolution of claims. In Maryland, the deadline for filing personal injury claims is typically three years from the date the injury happened. This time frame applies to most injury claims, including those involving car accidents, slips and falls, and other incidents that occur due to someone else’s negligent or intentionally harmful behavior.
However, exceptions can apply in some cases based on the circumstances surrounding the accident. For example:
- Minors: If the victim was a minor at the time of the injury, the clock may not start ticking until they turn 18.
- Discovery Rule: In certain situations, the time limit starts when the injury is discovered or reasonably should have been discovered rather than the date the incident occurred.
- Government Entities: If your claim involves a government agency, stricter deadlines may apply, potentially as short as 180 days.
It’s critical to understand how these rules apply to your situation so you can make sure nothing jeopardizes your case. Missing the legal deadline could ultimately make it impossible to pursue fair payment for your financial losses.
Why Is Filing on Time Important?
Filing a personal injury claim within the statute of limitations will help ensure that your case moves forward through the legal process. If you don’t file on time, the court will most likely dismiss your claim without further consideration. Insurance companies are also generally aware of these deadlines, and they might simply refuse to negotiate once the statute has expired.
Timely filing also serves to preserve the quality of evidence and witness testimony. Over time, people’s memories fade, and important records can be lost. When you act quickly, your attorney has ample time to pull that evidence together before it disappears and build the strongest possible case for compensation.
Don’t let time run out on your personal injury claim. Understanding Maryland’s statute of limitations is essential for protecting your rights.
How Long Do I Have to File a Personal Injury Claim in Maryland?
As noted, the standard time frame for filing most personal injury claims in Maryland is three years from the date the injury occurred. This might sound like plenty of time, but keep in mind that the legal process can be quite drawn out, often involving several preliminary steps that can take a significant amount of time to complete. Some of these steps include:
- Investigation: Your attorney will collect all relevant evidence, interview witnesses, and go over your medical records.
- Negotiation: Many personal injury claims are resolved through settlement negotiations, but it can take several months for both sides to reach an agreement.
- Litigation: If negotiations fall apart, your lawyer will need time to prepare your case for court.
In some situations, the specific nature of your claim might shorten or lengthen the timeline. For example, claims involving medical malpractice are often subject to different statutes of limitations and procedural requirements than standard personal injury cases.
With that in mind, it’s best to talk to an attorney as soon as possible after your injury. When you hire legal representation early on, your lawyer will make sure you don’t miss any key deadlines. They’ll also have a chance to start developing your case while the evidence is still fresh.
Call attorney Steven H. Heisler today at (410) 625-4878 to make sure your personal injury claim is handled professionally and within the required deadlines.
Additional Legal Considerations: Contributory Negligence
Filing on time is only one aspect of a successful personal injury claim. Maryland is one of the few states that still follow a contributory negligence standard, which could greatly impact your ability to obtain damages. Under this rule, if you’re deemed partially responsible for your accident (as little as 1% at fault), you might not be eligible to recover compensation at all.
This exceptionally high bar makes it even more important to work with a skilled attorney who can help prove the other party’s liability and counter any attempts to shift the blame to you.
How an Attorney Can Help
Trying to meet the requirements for Maryland’s statute of limitations can be stressful, especially when you’re already coping with the physical, emotional, and financial strain of an injury. A personal injury attorney can assist you by performing the following tasks:
- Figuring out whether your claim is still within the statute of limitations
- Making sure all required paperwork is filed correctly and on time
- Negotiating with the insurance companies to get you a fair settlement
- Arguing your case in court if necessary.
Attorneys also provide their clients with much-needed peace of mind. By managing the legal aspects of your case, they’ll allow you to focus on healing and moving forward with your life.
When Should You Contact an Attorney?
If you’ve been hurt in an accident in Maryland, reaching out to an attorney as soon as possible is the best way to protect your rights. Even if you feel like you have ample time to file, talking to a lawyer early on in the process can make a major difference in the outcome of your case.
Start Your Claim Before It’s Too Late
Understanding the statute of limitations for personal injury cases in Maryland is important for anyone seeking to file a claim for just compensation. State law provides a three-year window for filing in most situations, but certain exceptions and additional requirements may apply depending on the specifics of your case. By hiring trustworthy legal counsel and acting quickly, you can avoid the pitfalls of missed deadlines and build a compelling case for recovery.
If you’ve been injured in an accident through no fault of your own and need legal support, help is within reach. Reach out to Steven H. Heisler today at (410) 625-4878 to discuss your case and get a battle-tested legal professional in your corner.