The question of how long you can sue after a car accident in Maryland is one of the most important things you should ask when you are making a claim. The strongest of cases will be worthless if you miss deadlines to file a lawsuit. Although people who rush to sue and settle can lose out, those who wait too long face very real dangers.
Time limits to file a claim are governed by Maryland’s statute of limitations. Typically, people injured in car accidents in Maryland have a maximum of three years from the date of the accident to file their personal injury lawsuit.
Several factors may influence the time limit to file a claim. For example, the statute of limitations differs for accidents caused by negligent government entities or cases involving wrongful death.
Furthermore, time limits may be extended in cases where the plaintiff is a minor, evidence was improperly concealed, or substantially debilitating injuries were suffered. Our Maryland car accident lawyers can help you understand the time limits for filing your claim.
You should always seek medical attention before attempting to file your claim, but if you wait too long to do either, you endanger your chances of recovery.
If it has already been three years since your accident, you should contact an experienced Maryland car accident attorney to determine whether you meet one of the exceptions to the statute of limitations.
The best way to ensure that you never miss a filing deadline is by enlisting the help of an experienced Maryland car accident lawyer. Your attorney will advise you of the deadline to file a claim and help you make decisions on settling or continuing litigation.
Attorneys can also file on your behalf so that you don’t have to worry about technical problems such as civil procedure rules or delivery issues. At Rice, Murtha & Psoras, we believe that nothing should keep you from attaining the recovery that you deserve, including arbitrary statutory deadlines. Call us today to set up your free initial consultation at (410) 694-7291.
The Law Says You Have Three Years
Maryland, like other states, has strict deadlines to file claims. This is not just a feature of personal injury or tort claims. If your claim is against a Maryland government entity, the deadlines are typically shorter.
These deadlines apply to claims for property damage as well as personal injuries. The Statute of Limitations governs how long you can sue after a car accident in Maryland.
For most car, truck, motorcycle, bus, pedestrian, or other claims, the lawsuit must be filed within three years of the accident under § 5-101 of the Maryland Code for Courts and Judicial Proceedings. A lawsuit for an accident that occurred on March 1, 2019, must be filed by March 1, 2022.
If a person dies as a result of negligence that caused a car accident, that person’s family has the right to bring a lawsuit against the negligent party. These suits are called “wrongful death” lawsuits.
The Statute of Limitations for a wrongful death claim is also three years. However, the clock begins running from the date of the death, not necessarily the date of the accident.
This is true even if the deadline for the underlying tort claim has passed. For example, if a person is injured in a car accident and fails to file a personal injury claim in three years, they are prohibited from doing so in the future.
However, if the injuries were the direct cause of death and the injured person succumbs to them after the initial Statute of Limitation deadline, their family could still file a wrongful death claim if they can establish that the death was a direct result of injuries sustained in the car accident.
You May Need to Re-File Your Maryland Car Accident Case
Most defendants will attempt to file a motion to dismiss when a plaintiff files a claim against them. This kind of motion seeks to get a plaintiff’s case thrown out of court before it can be tried. Defendants may file a motion to dismiss before they answer a plaintiff’s claim.
One potential result of a defendant’s successful motion to dismiss is a dismissal with prejudice. When a plaintiff’s case is dismissed with prejudice, the case is permanently thrown out. This means that the case is finished and the issue cannot be brought back to court. Such a result is fatal to a plaintiff’s case. Plaintiffs should consult with our Maryland car accident lawyers to make sure their claim has merit before attempting to file suit.
However, some car accident cases are dismissed without prejudice – meaning they can be brought back to court and tried again. In these circumstances, plaintiffs will have the chance to amend their case and re-file.
However, re-filing your claim could slow your case down. You should file your claim as early as possible to give yourself time to re-file your case if necessary. Our experienced Maryland car accident lawyers can provide assistance when filing or re-filing a claim.
Should You Wait to File Your Claim?
Though it is always better to be early than late when filing a personal injury lawsuit for a car accident in Maryland, you should prioritize several steps above filing your suit. First, you should ensure that you have received proper medical care and are out of any immediate danger. Your health is always priority number one. Further, you won’t have a complete picture of the damages until you receive medical analysis.
Second, you should file your insurance claim for damages from the accident. While uncommon, an insurance company may come back to you with an acceptable settlement offer. If you accept the settlement, you forgo your ability to go to court over your damages but receive a payout from the insurance company that should hopefully address the harms that you have suffered.
Insurance companies are not benevolent, however. Their goal is to limit their bottom-line exposure, and they will attempt to offer you just enough to get you to sign away your right to your day in court. Don’t sign anything without speaking to an attorney about whether your settlement offer is equitable for you.
Third, you should hire an attorney. Attorneys can advise you on whether you have a case, where and how to file your lawsuit, and how much you could expect to recover. You may also have an attorney conduct the settlement negotiations with the insurance company representatives on your behalf. Once these three steps have been taken, it is time for you to file your suit, which your attorney can prepare and file on your behalf.
What if it has been Past Three Years?
If your claim is already at least three years old, you should still consult a Baltimore car accident attorney. Certain exceptions, such as those outlined above, may still apply to your situation.
However, the longer you wait, the less likely you will be if you eventually decide to attempt to file your lawsuit for damages from a car accident. You should never just give up on your potential personal injury claim from a car accident. Leaving money on the table should never be an option.
If you fail to file a lawsuit within three years of the personal injury accident, the defendant can use your failure to file as a defense against a civil lawsuit. If the defendant shows that the Statute of Limitations has expired, the court will usually dismiss the case.
The court would dismiss the case even if the filing occurred one day after the expiration of the Statute of Limitations. It is essential to have our experienced Maryland personal injury attorney working to ensure no filing deadlines are missed.
The question of how long you can sue after a car accident in Maryland also depends on the age of the victim and the identity of the defendant in the case of local government employees. However, the vast majority of car accident cases are governed by the three-year deadline of the Statute of Limitations.
Consider your claim as a second priority after getting treatment for your injuries. Once you are taken care of medically, promptly file your insurance claim and begin preparing to file your lawsuit.
If the negligent party’s insurance company is unwilling to negotiate your terms, you will want to act quickly and decisively. This means attaining the counsel of an experienced car accident attorney.
You and your attorney should also begin gathering all information that you could require as evidence, including but not limited to police reports, witness statements, and invoices for medical expenses.
Taking this approach will not only demonstrate that you are serious about pursuing your claim, but it will also help you avoid procrastinating and missing critical deadlines.
How Long Should You Wait to File Your Car Accident Lawsuit in Maryland?
You should never run up against the Statute of Limitations. This puts undue pressure on you and your attorney. A last-minute glitch in filing can mean your case runs out of time.
This could include improper filing according to procedural rules in your jurisdiction, mail delivery issues, or even a sudden medical emergency. If you are filing a personal injury or a wrongful death lawsuit after a highway accident, give yourself plenty of time and work with an experienced Baltimore wrongful death lawyer.
On occasion, accident victims who negotiated for years with the insurance companies will contact an attorney the day before time runs out on their case. They suddenly realize the insurance company would not settle and want to sue.
It’s difficult for car accident lawyers to take on a case on the eve of the Statute of Limitations because even filing the complaint often requires a thorough investigation beforehand. Car accident cases can be extremely complicated. It often takes weeks for an attorney to do the groundwork. Lawyers are usually hesitant to take on these cases.
Ideally, talk to an attorney soon after your car accident with injuries. If you hire a Dundalk car accident lawyer early on, we can advise you on how to file a car accident lawsuit in Maryland and deal with insurance companies. We will handle the negotiations so you can avoid common insurance company mistakes in Maryland.
Steps to Take Before Filing a Car Accident Case in Maryland
The statute of limitations for filing a personal injury claim after a car accident in Maryland is three years. However, there are certain steps that victims should take as soon as possible after their accident. In a car accident case, the jobs of the lawyers, doctors, and clients will be benefitted if the victim takes the following steps before filing suit:
Call 911
After an accident, the most pressing issue is the health and well-being of any injured parties. Each victim should take it upon themselves to call 911 after a car accident, regardless of what the other drivers are doing.
The dispatcher will be able to send assistance to anyone that requires immediate medical attention. Furthermore, you should have a police officer draft an accident report before filing a car accident lawsuit. An accident report will help establish fault and may be required to file an insurance claim.
Gather Information from Other Drivers
The next step to take after a car accident in Maryland is to gather the information of all the other drivers. This includes names, addresses, contact information, license plate numbers, and insurance information.
Additionally, any photos of the crash scene may assist in proving fault and determining damages during a future lawsuit. Our Maryland car accident lawyers can help a plaintiff ensure they have gathered all the necessary information before filing a lawsuit.
Notify the Insurance Company
Finally, someone who has been injured because of a car accident in Maryland should file a claim with their insurance company before filing a lawsuit. If you were injured because of an uninsured motorist, you may be able to recover from your own insurance company. However, different insurance companies can have varying deadlines for filing a claim. Victims who require assistance when filing a claim can seek from our Maryland car accident lawyers.
Seek Treatment Immediately
There are two important points to remember about seeking treatment. First and foremost, victims who have been injured because of car accidents in Maryland should not leave injuries to worsen. The quicker an injured party seeks treatment the quicker they can recover.
Second, you may want to wait until after seeking treatment to file suit. Proving medical expenses in a car accident case will require documentation.
Victims who have been injured in car accidents should seek medical treatment right away so that a doctor can record the nature and extent of their injuries.
Furthermore, you may want to reach a stage of maximum medical improvement in order to recover the full range of damages to available to you after suffering a car accident. Accordingly, you will not be able to sue until after seeking treatment.
Furthermore, insurance companies may use a delay in treatment to delay the settlement process. Our Maryland car accident lawyers will be able to refer any injured parties to an appropriate doctor.
Avoid Settling Too Quickly
Lastly, you should avoid settling too quickly before filing a lawsuit. Insurance adjusters wish to settle claims as quickly as possible. For this reason, some adjusters may reach out and offer to settle a claim within a day or two.
Victims should not settle their claim until the full extent of their injuries has been assessed. Many injuries, such as soft tissue injuries, do not present themselves until weeks after an accident.
In order to accurately determine damages in many cases, an injured party should not settle a case until they have reached maximum medical improvement. Our Maryland car accident lawyers can assist victims when determining whether or not to accept an offered settlement.
What Are the Benefits of Hiring an Attorney Early After a Car Accident in Maryland?
If you hire a Baltimore personal injury lawyer as soon as possible after a car wreck, we can take over all negotiations with the insurance company and ensure you don’t fall for any insurance company tricks like admitting liability or partial liability for the crash.
Additionally, if an insurance provider believes that their client is at fault, they might offer a quick settlement agreement to avoid a possible lawsuit.
Having our Maryland attorney represent you through the negotiations with your insurance company will reduce the likelihood that you will settle for a lower amount than you deserve.
Below are some of the ways that an attorney can benefit you if hired early on in your car accident lawsuit process in Maryland.
Evaluating and Negotiating Settlement Offers
Before you begin to think about accepting a settlement offer, you need to know what your personal injury claim is worth. Our office will properly value your case, including both the potential monetary damages and its legal merits so that you will be negotiating from a position of strength and knowledge.
It is not uncommon for individuals injured in car accidents who are facing medical expenses and reduced or a complete loss of income to sign away their full legal rights because an insurance provider offers a quick but relatively small settlement agreement.
You might accidentally sign a document that releases an insurance company from all liability without adequate representation. Conversely, settlement agreements do not require tons of paperwork.
If you deposit a check from the insurance company, that could constitute a settlement agreement, prohibiting you from seeking additional financial compensation if needed.
Communicating with Insurance Companies
Furthermore, all communication with an insurer, whether it is verbal or written, is recorded and saved. It is possible that you could admit to some fact or conduct that would jeopardize your ability to recover any damages.
Maryland follows the legal doctrine known as “contributory negligence in personal injury lawsuits.” Under this harsh legal principle, an injured person is prohibited from seeking compensation through a personal injury lawsuit if they were partially responsible for the accident.
It can be difficult to prove negligence in an injury case in Maryland. Insurance providers are aware of this doctrine and will attempt to have an injured party admit some culpability. By engaging our law office, we will work with you to help avoid any admissions of even the slightest fault.
Securing Witness Testimony
While the skill of your attorney plays a significant role in the success of your personal injury lawsuit, the evidence presented is vital to establishing both the facts of your case and who was at fault for the accident.
Hiring our Germantown car accident lawyer and filing a suit early on in your case means the testimony of witnesses can be gathered while the events are still fresh in their minds. More importantly, if you wait to contact our attorney, the witnesses of the accident may no longer be available.
Gathering Key Evidence
The attorney often requests important information like video camera footage from nearby sources such as businesses and parking garages before it is destroyed or lost. A prudent attorney may also choose to revisit the scene of the accident to take pictures of the conditions of the road.
Contemporaneous photographs of the scene could also provide valuable evidence to help reconstruct what occurred. An accident may have left physical remnants such as tire tracks or forceful impacts on guardrails or signage. If you wait too long, road conditions could have been altered, lines painted, or traffic signs replaced or moved.
Coordinating Medical Expert Testimony
Your personal injury claim’s value is often related to the severity of your injuries. Moreover, your injuries must have directly resulted from the car accident. If you delay in seeking medical treatment or having your injuries documented, you will allow the defense to question the cause of your wounds.
By contacting our office sooner than later, our legal team will be able to work alongside medical professionals to thoroughly document the direct connection between your car accident and the harm you suffered.
Hesitating to retain our services soon after your accident will make building a compelling personal injury claim more difficult.
For these reasons, it is imperative that you do not wait more than two years to contact a lawyer. Evidence gathering is usually more difficult, it may not be easy to track down witnesses, and their recollections will be less vivid and more likely to be challenged by the other side in a lawsuit. Furthermore, police officers involved in the case may have had new jobs, and video evidence might have gone.
Suing for City Trash Truck or a Government Vehicle Accident Injuries
If you were hurt by a city, state, or municipal employee in Maryland, you typically have less time to file your suit before statutory law barred your claim. Every year, the drivers of police cars, ambulances, garbage trucks, and city work vans hit and injure other motorists.
If the accident occurred due to the municipal or state employee’s negligence while performing their job, you may have grounds to sue a county, city, the state of Maryland, or another government entity like a waste authority.
Under the Local Government Tort Claims Act, a suit against a local government entity or its employees in Maryland is not permissible unless the claimant gives notice of the action within one year of his or her injury.
The claimant must provide notice in writing to the specific department within the government that is responsible for the accident. Your claim must include certain details such as the location, time, and cause of the injury.
The one-year deadline is substantially shorter than the three years allowed for in a typical personal injury lawsuit. Under no circumstances should you wait to contact our Charles County personal injury attorney if a government employee caused your injuries. Any delay will reduce the likelihood of success in your case.
Filing a Car Accident Lawsuit as a Child in Maryland
Any person under the age of 18 is considered a minor in the eyes of Maryland law. In the case of Mason v. Board of Education of Baltimore County in 2012, the justices considered when a minor becomes an adult. The Mason court ruled that the minor becomes an adult the day before their 18th birthday (and not on the date of the birthday itself, which was critical for the case).
Minors are considered to lack the capacity to bring a personal injury claim on their own. However, under Maryland law, a parent can sue on behalf of the child for an injury sustained in a car accident. Unfortunately, the process of suing on behalf of a child can be lengthy and complex for parents. A Maryland personal injury lawyer can offer guidance to the families of minors who have been injured in car accidents.
In Maryland, the statute of limitations is “tolled” or paused for minors. This allows parents to bring suit on behalf of their child at any point until the child is an adult. Children are considered to reach adulthood the day before their 18th birthday, at which point the three-year limitations period starts running. Accordingly, victims injured as children will have until the day before they turn 21 to file a lawsuit on their own behalf.
The process for bringing suit on behalf of a child can be difficult after a car accident in Maryland. An experienced Maryland car accident lawyer will be able to offer guidance and support when determining the next steps.
Exceptions to Maryland’s Statute of Limitations Deadlines
While Maryland law provides strict deadlines for filing personal injury lawsuits, some exceptions allow an injured party to file their claim past the standard deadline. The following situations may allow for an exception to the three-year statute of limitations for car accident cases in Maryland.
Disabilities
In a car accident case in Maryland, the statute of limitations may be extended if the plaintiff was mentally disabled at the time of the accident. When a plaintiff is under a disability at the time of an accident, the countdown for filing a claim does not begin until the disability is legally over. This means that the clock starts running once the plaintiff is declared lawfully competent.
Additionally, minors are considered to suffer from a disability and are not competent to bring a trial. As stated above, if the plaintiff was a minor at the time of the accident, then the Statute of Limitations does not begin running until the day before the minor’s 18th birthday. Calculating the timeline for the statute of limitations in Maryland car accident cases is easier with the help of a Maryland car accident lawyer.
Fraud
Another exception to the statute of limitations for car accident cases in Maryland is fraud. In some cases, the party responsible for your injuries could have made an effort and successfully concealed their negligent conduct.
If this occurs, then the Statute of Limitations begins running once the defendant’s negligence is discovered or when it should have been discovered. A Maryland car accident lawyer will help determine whether a defendant’s actions constitute fraud.
Call Our Maryland Car Accident Injury Lawyers for a Free Consultation
At Rice, Murtha & Psoras, our attorneys will ensure you do not miss any deadlines, and your case progresses. Oftentimes, an insurance company will stall in the hope you are not aware time is running out to file a lawsuit.
Insurance companies bank on claimants being unfamiliar with the law. They also sometimes believe they can force you to accept a lower settlement amount by prolonging the process.
Our knowledgeable Dorchester County personal injury lawyers will properly evaluate your case so you understand its potential worth. Our attorneys will make sure you know all of the deadlines and file a case on your behalf if necessary.
See our past case results on our website or call us at (410) 694-7291 to schedule a free consultation.