Understanding the Statute of Limitations for Personal Injury Cases in Maryland
SG Legal Group: Your Trusted Personal Injury Attorney Contact UsIf you have been injured due to someone else’s negligence, understanding the legal time limits that apply to your case is crucial. The statute of limitations dictates how long you have to file a lawsuit, and missing this deadline can bar you from seeking the compensation you deserve. In this article, we will discuss the statute of limitations for personal injury cases in Maryland, what it entails, and what steps you should take if you have been injured.
What is a Statute of Limitations?
A statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. Once this time period expires, the injured party (plaintiff) is typically prohibited from filing a lawsuit to seek damages for their injuries. The rationale behind statutes of limitations is to ensure that cases are brought forward in a timely manner, allowing for the preservation of evidence and the reliability of witness testimonies.
Statutes of limitations vary depending on the type of legal claim and jurisdiction. Different rules may apply for personal injury, medical malpractice, wrongful death, and other types of cases. It is essential to be aware of these timelines to avoid forfeiting your right to seek justice and compensation.
What is the Statute of Limitations for Personal Injury Cases in Maryland?
In Maryland, the statute of limitations for personal injury cases is generally three years from the date of the injury. This means that if you have been injured due to someone else’s negligence, you have three years from the date of the accident to file a lawsuit. This timeframe applies to most personal injury cases, including car accidents, slip and falls, and other types of negligence-based claims.
However, there are some exceptions to this general rule:
Discovery Rule
In some cases, the injury may not be immediately apparent. Maryland follows the “discovery rule,” which states that the statute of limitations begins when the injury is discovered or should have reasonably been discovered. This is particularly relevant in cases involving latent injuries, such as exposure to harmful substances.
Minors
If the injured party is a minor (under 18 years old), the statute of limitations is typically tolled (paused) until they reach the age of 18. Therefore, they have until their 21st birthday to file a personal injury lawsuit.
Government Claims
If your injury involves a government entity, special rules apply. You must provide notice of your claim to the appropriate government agency within the allowed time which generally ranges from six months to one year, and then file the lawsuit within three years.
Medical Malpractice
For medical malpractice cases, the statute of limitations is generally five years from the date of the injury or three years from the date the injury was discovered, whichever is earlier.
What to Do if You Have Been Injured and Have Concerns About the Statute of Limitations
If you have been injured and are concerned about the statute of limitations, it is crucial to act promptly to protect your legal rights. Here are some steps to take:
- Seek Medical Attention: Your health and well-being should be your top priority. Seek immediate medical attention for your injuries and follow your doctor’s advice for treatment and recovery.
- Document the Incident: Collect and preserve evidence related to the accident and your injuries. This includes taking photographs of the accident scene, obtaining contact information for witnesses, and keeping records of medical treatment and expenses.
- Consult an Attorney: Contact a qualified personal injury attorney as soon as possible. An experienced attorney can help you understand the specific statute of limitations that applies to your case and guide you through the legal process. At SG Legal Group, we offer free evaluations to help you understand your rights and options.
- Avoid Delays: Time is of the essence in personal injury cases. The sooner you consult with an attorney and begin the legal process, the better your chances of securing the compensation you deserve. Delays can result in lost evidence, faded memories, and missing the statute of limitations deadline.
- Be Informed: Stay informed about the progress of your case and communicate regularly with your attorney. Your attorney will keep you updated on important deadlines and any developments in your case.
Call SG Legal Group Today For A Personal Injury Attorney
Understanding the statute of limitations for personal injury cases in Maryland is essential to protecting your rights and ensuring that you receive the compensation you deserve. If you have been injured, do not wait to take action. Contact SG Legal Group today for a free evaluation and let us help you navigate the complexities of your personal injury claim. Our compassionate and dedicated team is here to support you every step of the way. By taking prompt action and seeking experienced legal representation, you can focus on your recovery while we fight for the justice and compensation you deserve.