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Statute of Limitations
In Maryland and the District of Columbia the statute of limitations for a personal injury claim resulting from negligence generally is three years. If a claim is not filed in court within that period of time, any future claim would be barred by the statute of limitations. Maryland does have a discovery rule that could be applicable. Thus, the statute could be considered to begin running when either the Plaintiff knew or with due diligence should have known of the wrong committed. We rarely advise clients to rely on the discovery rule because of problems with proof of when discovery occurred. The safest thing to do is to file suit within three years of the date of the accident so there can be no statute of limitations defenses raised. One of our personal injury attorneys can explain the statute of limitations as it applies to your case.
An experienced personal injury attorney must understand that the statute of limitations for a wrongful death claim differs in Maryland and the District of Columbia . In Maryland the claim must generally be brought within three years of the death. In D.C., the claim must be brought within one year of the death. Medical malpractice cases involve yet other considerations. In Maryland there is a provision whereby a malpractice claim can be brought either the earlier date of 5 years from when the negligence was committed or within 3 years from when the negligence was discovered. We always advise our client to file the case within the 3 year time period so there can be no dispute about timely filing a claim. If a claimant is under 11 years of age at the time of malpractice in Maryland , the statute of limitations may be deemed to begin at age 11. One of our Maryland medical malpractice lawyers can explain the statute of limitations as it applies to your case. In D.C. the statute of limitations for a medical malpractice claim not involving death is 3 years. One of our District of Columbia medical malpractice lawyers can explain the statute of limitations as it applies to your case.
The legal information on this site is not intended to be legal advice. Contact one of our experienced medical malpractice attorneys or lawyers today to get specific information and answers for your specific situation.
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