In law, a statute of limitations is known as a prescriptive period. It is the maximum time after an event that legal proceedings can start. There can be statutes of limitations for civil and criminal matters. Each state’s legislature determines these limitations and applies them strictly to state cases. The federal government has its own set of limitations for federal laws.
The purpose of these laws is to protect defendants from indefinite legal threats. Although that may support someone who has allegedly caused harm, the statutes benefit everyone. You wouldn’t want to be sued for a fender bender accident today, which happened when you just got your license as a teen.
If you were injured in an accident that was caused by someone else’s negligence, you’re entitled to seek compensation for any losses, but only within the statute of limitations. An experienced Lanham personal injury lawyer will ensure that you can file your complaint before the statute of limitations runs out. Failure to file your complaint within that time can prevent you from obtaining any compensation.
The Maryland Three-Year Personal Injury Filing Deadline
Maryland law provides a three-year statute of limitations on personal injury claims.
Those three years begin on the date of the accident. It is important to note that the statute of limitations applies to filing a civil lawsuit, not an insurance claim.
However, for a civil lawsuit to be viable, you have to first go through the insurance claims process. You can’t ask a jury to award you a settlement from an insurance company if you never asked the insurance company first.
Three years might seem like a long time, but when you factor in the potential delays from the insurance company and several rounds of negotiations, the time can fly by.
Exceptions to the General Statute of Limitations
Maryland’s three-year statute of limitations applies to personal injury claims, but there are the following exceptions:
Minority Status
If a minor is involved in an accident, the statute is put on hold until they reach the age of 18. That means that they have until their 21st birthday to file a lawsuit.
Mental Incompetency
If the person who was injured is mentally incapacitated and can’t make legal decisions, there could be an exception to pause the statute until they recover.
Concealment
There could be a scenario in which a defendant deliberately hides their negligence to prevent the claim from being discovered. In those situations, you might be able to extend the limitations from the date that the fraud was uncovered.
Deadlines for Claims Against Government Entities
There might be an accident scenario where you’re holding a government entity responsible for your injuries. For instance, if you are injured in a public park or on a sidewalk, you might want to sue the government agency that is responsible for maintaining those areas.
With those complaints, you must file a notice of claim within 180 days of the incident against a local government or within one year with a state agency. The notice must include the time, place, and cause of the injury.
Statutes of Repose in Medical Malpractice Cases
Medical malpractice claims fall under a different category of the statute of limitations rules. In Maryland, you are subject to a five-year statute of repose. That allows you to file within five years of the date the injury occurred or three years from the date the injury was discovered.
There is also the continuous treatment doctrine, which applies when there is ongoing treatment. In that case, the statute of limitations won’t start until the treatment ends.
Consequences of Missing the Filing Deadline
Missing the filing deadline for the statute of limitations can result in the permanent loss of your right to seek compensation. When the statute of limitations expires, the claim process effectively ends. If you attempt to file a civil complaint, your case will most likely be dismissed.
You also lose any leverage you might have to reach a settlement with an insurance company. As far as the insurance carrier is concerned, they don’t have to honor the claim because the time has run out.
This also applies to any potential complications. If your injuries flare up after the statute, you still won’t be able to file for any compensation.
Why You Should Contact a Maryland Attorney Early
The first question a personal injury lawyer will ask is when the accident occurred. That is because they need to factor in the statute of limitations. The experienced attorneys at GDH Law ensure that our clients meet all their filing requirements. We work hard so that our clients can receive the maximum benefits they are entitled to.
Once we have established that the claim falls within the three-year statute, we will begin negotiating with the relevant insurance company to secure a final settlement. That requires gathering all the relevant evidence, including police reports, surveillance footage, witness statements, and medical records. Our goal is always to create a strong case that can’t be questioned.
If the negotiations reach an impasse, the next viable option would be to file the civil lawsuit within the statute of limitations. Since we’ve already built a strong case, presenting it to a jury will not be an issue. It all comes down to scheduling with the court.
It’s been our experience that filing a lawsuit demonstrates our resolve. That often motivates the settlement discussions. Before we can get started, we need to discuss the merits of your claim in a free case review. Schedule that consultation today before the time runs out.
