The statute of limitations is the period during which a plaintiff has the right to file a lawsuit. After this time expires, the plaintiff can no longer bring a case to court. The statute of limitations protects defendants from having to defend themselves against old, stale claims.
There are different timeframes for different types of cases. For example, it’s two to three years from the date of the accident in personal injury cases. For medical malpractice cases it’s usually one year from the date of the alleged negligence.
The statute of limitations can be extended in some circumstances. For example, if the plaintiff was a minor at the time of the accident. In some states, the statute of limitations may be “tolled,” or paused, if the defendant leaves the state.
What is the Statute of Limitations in Maryland?
In Maryland, the statute of limitations for filing a personal injury claim is three years from the date of the accident. Three years is the standard for personal injury lawsuits in most states.
This means that if you were in an accident on January 1st, you would have until January 1, three years in the future to file a claim. If you do not file a claim within this time frame, you will be unable to recover any damages for your injuries.
The statute of limitations for accident lawsuits involving death is also three years. In most cases, the clock starts ticking at the time of the accident. However, if an incident ultimately results in a death, the clock begins wicking at the time of death. This is true even if it is later than the date of the collision.
It is also important to remember that in some cases, the statute is extended due to Workers’ Compensation claims. This is also the case for claims that arise during court closings. There might also be exceptions to the statute when an incident involves a minor child.
What Should I Ask an Attorney About the Statute of Limitations in My Case?
There is no one-size-fits-all answer to this question. Your timeframe varies from from state to state. However, if you have a specific legal issue that you are concerned about, it is always best to consult with an experienced attorney. They can advise you on the applicable statute of limitations in your case.
If you think you may have a case but are not sure whether the statute of limitations has expired, you should speak to an experienced attorney. An attorney can help you determine whether your time has expired and, if so, whether any exceptions may apply to your case.
To learn more about the statute of limitations or to discuss the timeframe of your case, contact Shugarman & Mehring at 410.783.4200 or toll-free at 888.342.7200.