In Maryland, the general statute of limitations for any civil action, including an injury claim, must be brought within three years from the date that the injury occurred. Brought refers to the filing of the claim or lawsuit with the appropriate court in Maryland.
The statue of limitations is a reference to the Maryland Courts and Judicial Proceedings 5-101 and is to be considered when pursuing an injury claim in Maryland. Maryland injury lawyers will often consult the law when considering a civil claim for damages as a result of an accident.
The 3-year limitation on filing a claim is found under Maryland Courts and Judicial Proceedings and states:
A civil action at law shall be filed within three years from the date it accrues unless another provision of the code provides a different period Of time within which and action shall be commenced.
As previously stated, there are excepting to the Maryland statute of limitations. In a claim for assault, libel or slander, a claim must be filed within one year from the date it accrues. That means they suit must be filed within one year from the date that the assault, libel action or slander happened.
Usually, the statue of limitations begins to run in Maryland as soon as the accident or incident occurs. For example, for a claim involving a car accident, the date of the accident is when the clock begins to run for the statute. However, there are exceptions to the general statute of limitations rule in Maryland.
If a victim of an injury that occurred because a health care provider failed to render professional services or medical malpractice, then there is an exception to the general statute of limitations rule. A lawsuit filed for medical malpractice purposes must be filed within the earlier of 5 years from the time that the injury was committed or 3 years for the date that the injury was discovered.
This rule, found in Courts and Judicial Proceedings 5-109 is applicable when a medical malpractice lawyer seeks damages on behalf of their client. If the injury from a medical professional is not discovered until a later time then it can provide the right to file a lawsuit past the general statute of limitations rule.
The statute of limitations rule is so important because it is a rule that is followed and enforced by the courts. If a claimant or injured person files a lawsuit past the statute of limitations, the court will most likely dismiss the claim and the victim will be unable to collect.
The best and safest way to ensure that your claim does not run foul of the statute of limitations is to retain a personal injury lawyer as soon as possible. An attorney will a melee calculate the statute of limitations and Ensure that’s your claim is filed within the prescribed time period.
Anyone injured due to the reckless and negligent behavior of another person should contact a Maryland personal injury attorney today. Consulting with a skilled attorney can be helpful in understanding the statute of limitations for their claim and ensuring that all rules are complied with wehn seeking damages. An attorney will immediately determine the date that the statute begins and if necessary, file the appropriate paperwork with the court and other governmental agencies to protect your rights under the statute in Maryland.